외식프랜차이즈시스템과 가맹사업법상 불공정거래행위 문제 고찰

This study is intended to review the trends in judgments on unfair trade practices of food franchise companies and to suggest a direction of enactment and revision of laws appropriate for the food franchise system. According to the analysis, counterparty restrictions were the most frequently occurring unfair trade practices under the Franchise Business Act, followed by abusing transnational position to force the purchase and unreasonable coercion. There was a case of forcing a transaction with oneself and the counterparty designated by him/her by specifying it in the franchise disclosure document or franchise agreement, which is the violation of the law related to the food franchise system. From the viewpoint of the Franchise Business Act, it is necessary to present a reasonable direction for the concept, definition, requirement for establishment, and judgment factor of essential items, which are the issues of counterparty restrictions. By doing so, it is believed that law violations can be prevented proactively. This study has a significant point in that it analyzed the counterparty restrictions or forced purchases under the Franchise Business Act from the perspective of the food franchise system and proposed a direction for improvement.