경제법에 의한 프랜차이즈 규율의 한계와 집단적 자치

Korean law regulates unfair issues between franchisors and franchisees in franchise transactions through Franchise Act. However, as franchise disputes continue to arise, the limitations of economic law have been pointed out, and voices have been raised that franchisees should be recognized as workers under the Trade Union Act and that the subjects should solve the problem autonomously. Under these circumstances, this paper deals with the reality of franchise regulation through Franchise Act. This paper analyzes why, despite dozens of amendments to the Franchise Act over the past two decades, unfair transactions based on the superior position of franchisors continue to occur, how economic law provisions work in practice, and how they slip and become ineffective.In doing so, it points out the limitations of the current economic laws governing franchising and the direction of future discussions. This paper emphasizes that no matter how tightly the legal framework is designed, it cannot regulate all the new problems that arise due to changes in reality, so voluntary resolution through dialogue and negotiation between the parties is important, and to this end, institutional improvements are needed so that the already introduced franchisee organizations and the right to consult with franchisors can function in practice, and in particular, the balance of bargaining power is crucial to ensure that the collective rights of franchisees are properly guaranteed.