가맹본부의 차액가맹금 수취와 거래상 지위 남용

This article scrutinizes “differential franchise fees”—the additional profit a franchisor secures by imposing mark-ups on compulsory supplies above ordinary wholesale prices. Such mark-ups burden franchisees financially and frequently provoke disputes. A recent Seoul High Court judgment addressed an excessive-margin clause, assessing both its contractual validity and its compliance with the Korean Fair Transactions in Franchise Business Act, thereby providing authoritative guidance. Concurrently, the 2023 amendments to that Act tightened franchisor disclosure duties concerning mandatory-goods pricing to bolster transparency and franchisee protection. The article distills the legal principles emerging from the Seoul decision, dissects the amended statutory framework, and compares regulatory responses in the United States and Germany. It evaluates whether differential fees surpassing reasonable wholesale levels may be curtailed or nullified under contract law—e.g., as unfair terms—and whether public-law interventions under the Korean Fair Transactions in Franchise Business Act or other legislation can regulate such practices. The analysis identifies global regulatory trends and formulates policy recommendations for legislators and industry stakeholders confronting differential franchise fee practices.