• Title/Summary/Keyword: 가맹사업법

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A study on the regulation for unfairness and unfair trade practices in franchise business (프랜차이즈 거래의 불공정성에 대한 규제와 불공정거래행위에 관한 연구 - 공정거래위원회 심결례 분석을 중심으로 -)

  • Gwon, Yong-Deok;U, Jong-Pil;Lee, Sang-Yun
    • The Korean Journal of Franchise Management
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    • v.2 no.1
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    • pp.119-133
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    • 2011
  • The objective of this study is to establish the basic concepts for franchise agreements in consideration of both theoretical and practical conditions, to set the parameters for the discussion regarding the practical business matters pertaining to franchise agreements, and to analyze the criteria for determining the illegality of unfair trade practices based on research into actual practices in franchise transactions and on case studies of the implementation of laws by the Fair Trade Commission. The study aims to thereby contribute to the stabilization of laws in franchise transactions, benefiting all parties including franchise-related institutions, participants in franchise transactions, and related consumers. In conclusion, even in cases where regulatory exceptions are applied within the Fair Franchise Transactions Act when determining the illegality of franchised businesses, it is impossible to eliminate illegality unless all necessary and sufficient conditions have been included, and even if the procedure for evading illegality has been undertaken, illegality may not be eliminated unless the contents thereof are legitimate.

Radius Restriction and Franchise Encroachment in the Korean Coffee Franchise Industry (모범거래기준과 영업지역침해: 한국 커피 프랜차이즈 산업을 중심으로)

  • Yu, Min-Hui;Kim, Ji-Yeong;Choe, Yun-Jeong
    • Journal of Regulation Studies
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    • v.27 no.1
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    • pp.153-188
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    • 2018
  • This paper reviews the literature regarding exclusive territory restraint and encroachment and compares the development of related policies in the United States, the European Union, and South Korea. Furthermore, using coffee franchise industry data in South Korea, this paper analyzes the effects of the exclusive territory restraint on entry and exit of coffee shops. The results show that the growth rates of regulated brands' entry have stagnated during the implementation period of the KFTC's Franchising Best Practice Code. Moreover, the exit rates of coffee shops in two years after its entry decreased under the Best Practice Code and the revised Franchise Law.

Win-Win Model Strategy According to Regulation on Large-Scale Stores (대형마트/SSM 출점 및 영업규제 대응에 따른 상생모델방안)

  • Park, Han-Hyuk
    • The Korean Journal of Franchise Management
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    • v.3 no.2
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    • pp.79-102
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    • 2012
  • The last year, the government restricted a new store open and businness hours of a large-scale stores, discount store and super super market(ssm). So, this research was examined the effect that the retailer was affected and its correspondence strategy First this research examined how the government restricted a large-scale stores in 2009 earlier and then this research analyzed how the Japan and France restricted it. Second this research examined that a new establishment and business hours change of a large-scale stores. Bacause of a small trader resistance in 2009 latter. Finally it analyzed the effect that a retail industry was affected in the future. bacause law was enforced. On the basis these things, a victim remedy was presented by retailers view. Bacause of international law and an excess regulation. Also, this research suggest that large retailer should expand a overse market and increase retailers private brand component ratio and develop overse brand. Finally this research also suggest that trader and retailer should continue to coperate and turn business direction into franchise system.

A Comparative Study on the Franchisor's Duty in Franchise Contract under the DCFR and Korean Law (DCFR 및 한국법상 프랜차이즈계약 가맹업자의 의무에 관한 비교연구)

  • LEE, Byung-Mun;SHIN, Gun-Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.65
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    • pp.21-49
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    • 2015
  • This study primarily concerns the various franchisor's duties provided under the Draft Common Frame of Reference (here-in-after DCFR) in comparison with those under Korean law. It particularly focuses on the followings. First, it scrutinizes the rules on the scope of application in a comparative way, focusing on the following questions; what is the definition of a franchise contract and what are the essential elements of such contract. Second, it investigates in a comparative way the provisons as to the franchisor's contractual duties as follows; 1) a duty to collaborate actively and loyally and coordinate their respective efforts, 2) a duty to provide the franchisee with adequate and timely information before the contract is concluded, 3) a duty to grant the franchisee a right to use the intellectual property rights, 4) a duty to provide the franchisee with the know-how, 5) a duty to render the franchisee with assistance, 6) a duty to ensure the products ordered by the franchisee are supplied, 7) a duty to provide information during the performance, 8) a duty to warn the franchisee decreased supply capacity, 9) a duty to make reasonable efforts to promote and maintain the reputation of the franchise network. Its emphasis is particularly put on the rationals, the contents and the nature of such duties. Third, this study provides legal and practical advice to the contracting parties when they intend to insert either the DCFR or Korean law in their contract as a governing law.

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A New Exploratory Research on Franchisor's Provision of Exclusive Territories (가맹본부의 배타적 영업지역보호에 대한 탐색적 연구)

  • Lim, Young-Kyun;Lee, Su-Dong;Kim, Ju-Young
    • Journal of Distribution Research
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    • v.17 no.1
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    • pp.37-63
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    • 2012
  • In franchise business, exclusive sales territory (sometimes EST in table) protection is a very important issue from an economic, social and political point of view. It affects the growth and survival of both franchisor and franchisee and often raises issues of social and political conflicts. When franchisee is not familiar with related laws and regulations, franchisor has high chance to utilize it. Exclusive sales territory protection by the manufacturer and distributors (wholesalers or retailers) means sales area restriction by which only certain distributors have right to sell products or services. The distributor, who has been granted exclusive sales territories, can protect its own territory, whereas he may be prohibited from entering in other regions. Even though exclusive sales territory is a quite critical problem in franchise business, there is not much rigorous research about the reason, results, evaluation, and future direction based on empirical data. This paper tries to address this problem not only from logical and nomological validity, but from empirical validation. While we purse an empirical analysis, we take into account the difficulties of real data collection and statistical analysis techniques. We use a set of disclosure document data collected by Korea Fair Trade Commission, instead of conventional survey method which is usually criticized for its measurement error. Existing theories about exclusive sales territory can be summarized into two groups as shown in the table below. The first one is about the effectiveness of exclusive sales territory from both franchisor and franchisee point of view. In fact, output of exclusive sales territory can be positive for franchisors but negative for franchisees. Also, it can be positive in terms of sales but negative in terms of profit. Therefore, variables and viewpoints should be set properly. The other one is about the motive or reason why exclusive sales territory is protected. The reasons can be classified into four groups - industry characteristics, franchise systems characteristics, capability to maintain exclusive sales territory, and strategic decision. Within four groups of reasons, there are more specific variables and theories as below. Based on these theories, we develop nine hypotheses which are briefly shown in the last table below with the results. In order to validate the hypothesis, data is collected from government (FTC) homepage which is open source. The sample consists of 1,896 franchisors and it contains about three year operation data, from 2006 to 2008. Within the samples, 627 have exclusive sales territory protection policy and the one with exclusive sales territory policy is not evenly distributed over 19 representative industries. Additional data are also collected from another government agency homepage, like Statistics Korea. Also, we combine data from various secondary sources to create meaningful variables as shown in the table below. All variables are dichotomized by mean or median split if they are not inherently dichotomized by its definition, since each hypothesis is composed by multiple variables and there is no solid statistical technique to incorporate all these conditions to test the hypotheses. This paper uses a simple chi-square test because hypotheses and theories are built upon quite specific conditions such as industry type, economic condition, company history and various strategic purposes. It is almost impossible to find all those samples to satisfy them and it can't be manipulated in experimental settings. However, more advanced statistical techniques are very good on clean data without exogenous variables, but not good with real complex data. The chi-square test is applied in a way that samples are grouped into four with two criteria, whether they use exclusive sales territory protection or not, and whether they satisfy conditions of each hypothesis. So the proportion of sample franchisors which satisfy conditions and protect exclusive sales territory, does significantly exceed the proportion of samples that satisfy condition and do not protect. In fact, chi-square test is equivalent with the Poisson regression which allows more flexible application. As results, only three hypotheses are accepted. When attitude toward the risk is high so loyalty fee is determined according to sales performance, EST protection makes poor results as expected. And when franchisor protects EST in order to recruit franchisee easily, EST protection makes better results. Also, when EST protection is to improve the efficiency of franchise system as a whole, it shows better performances. High efficiency is achieved as EST prohibits the free riding of franchisee who exploits other's marketing efforts, and it encourages proper investments and distributes franchisee into multiple regions evenly. Other hypotheses are not supported in the results of significance testing. Exclusive sales territory should be protected from proper motives and administered for mutual benefits. Legal restrictions driven by the government agency like FTC could be misused and cause mis-understandings. So there need more careful monitoring on real practices and more rigorous studies by both academicians and practitioners.

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