전속대리점의 개념적 이해와 그 보호를 위한 입법 방향

An exclusive agency agreement inherently involves exclusivity or binding nature, as it is a contract where a single business operator enters into a sales agreement to handle only that operator's products, meaning they do not handle other products or those of competing businesses. This is true even when considering differences based on industry-specific characteristics. Thus, when the transactional reality of an exclusive agency goes beyond the dependency or reliance typical of franchise businesses to exhibit exclusivity, or when it shows distinct differences from general agencies in terms of transaction loyalty, cooperation, and the formation of trust relationships between the parties, there is room for legislative consideration of measures to provide stronger protection for exclusive agencies to ensure effective regulation. However, if such legislative improvements aim to incorporate institutional safeguards for exclusive agents into statutes, realistic and persuasive criteria for distinguishing exclusivity from non-exclusivity must first be established. Deriving strict criteria for this distinction is inherently challenging, and any revision involving amendments to definitional provisions could necessitate broad statutory changes, demanding a cautious methodological approach. Nevertheless, if separate protective measures and standards for exclusive agents are to be codified, it is necessary to establish conceptual markers that distinguish between the two types from contractual and substantive perspectives, and to limit the scope of protection to areas where there are sufficient grounds to recognize relative differences. Considering the content of the Fair Agency Transactions Act amendment bill submitted to the National Assembly, there is room to consider prioritizing legislation on provisions such as introducing the right to association, setting the period for exercising the right to request contract renewal, and establishing a grace period for contract termination. These measures could improve the imbalance in bargaining power resulting from strengthened exclusivity and dependency and enhance the stability of exclusive agency operations.