가맹사업 필수품목 및 차액가맹금 개선방안에 관한 연구

The franchise business is based on an economic destiny community that can coexist and win-win with each other based on trust between the franchisors and the franchisee. The franchisors can be designed in various ways in terms of how to receive franchisees. Most franchisors in Korea use the margin difference required payment method rather than the royalty method. The problem is that this margin for difference method has a strong zero-sum structure, in which the franchisor's profit increases as the franchisors increases the distribution margin received from the franchisee, but the franchisee's profit decreases. In such a structure, a fundamental economic co-destiny cannot be formed, and disputes inevitably arise between the two parties to secure more profits for each other. And this margin of difference is premised on the essential items designated by the franchisors. The franchise difference required payment is when the franchisee attaches a distribution margin that exceeds the appropriate wholesale price to the commodities recom- mended or forced by the franchisors. Changing the franchise system to a loyalty structure is ultimately not the direction to go, nor can it be forced. For now, considering court precedent and the U.S. Federal Trade Commission's franchise compliance guidelines, KFTC should establish commodity guidelines. In addition, not only should appropriate standards be proposed, but also items in the information disclosure form should be improved to enhance the transparency of information. Through this, franchisees and franchisors can regain credibility. Consideration should also be given to expanding the list items and refining the description method, securing alternative trading partners, and securing procedural justification for changing commodities. In addition, appropriate sanctions and measures should be secured against the registration of false information.