• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.49-68
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• 2015

In recent years in China, corresponding to a shift in consumption pattern from household basics to greater expenditure on quality of life, new franchising opportunities arise. Although the franchising prospect in China is promising, Korean companies aiming at franchising into China need to be aware of the legal framework for commercial franchise in China as this will have direct impact on their business expansion. Where franchising activities involve trade mark licence, Chinese Franchise Regulations require such trade mark licence agreement to be regulated in accordance with the relevant provisions of the Chinese Trademark Law. Furthermore where one party fails to perform his obligation and it impacts purpose of the contract seriously, the other party could avoid the contract in accordance with the relevant provisions of the Chinese Contract Law. To launch franchising business successfully in China, Korean companies do market research sufficiently before they may commence franchise business. Korean franchisor must register with local authorities in China by own name, and make Chinese partner take charge of management of the distribution network and invitation of franchisee partners.

• The Korean Journal of Franchise Management
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• v.10 no.3
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• pp.7-12
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• 2019

Purpose - This study examines the status of franchises and qualifications for franchising business, examines the franchising qualifications focusing on overseas cases, and suggests policy directions for strengthening the qualifications of franchising business. In order to achieve these purposes, the study reviewed the cases of USA, China, Australia, and United Kingdom franchising business law. Literature Review - According to the Fair Trade Commission, franchise is defined as a transactional relationship in which a franchiser provides certain support and education to franchisees in order to sell their goods and services more effectively. In addition, a franchise is a legally and financially independent business of franchisers and franchisees, and according to the concept of affiliates, it is necessary to define a franchise as a product and service marketing based on close and continuous collaboration. A franchiser can be defined as a company with the ability to develop a franchise system, create sustainable value based on it, and replicate "KNOW-HOW" to sellers. Case Study - This study examined the requirements for establishing a franchiser in the United States, China, Australia, and United Kingdom. In most countries, the requirements of franchisers must be operated for at least one year, which means that education, manual production, and continuity of stores should be checked. Suggestion - Based on Korea's population density and consumption sales index, we propose a screening system that registers through 2 + 1 systems, which require two stores to be operated for more than a year, by dividing Korea's commercial rights into two and a screening system instead of simple registration. In the case of a small franchisors, at least one franchsing retail store must be operated for at least one year, which should be applied to only one brand.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.61-73
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• 2011

Supermarket Franchising, as a relatively new mode of retail business, is often regarded as one of the two hallmarks of the "Modern Logistics Revolution". After more than ten years of development, franchise supermarkets have been a rising force in retail business in China. As a product of a highly-developed commercial economy, franchise supermarkets mainly deals in foodstuffs and other daily necessities, featuring low cost, high turnover rate, low prices and diversified inventory. Propelled by the conveniences that come with open shelves and self-service shopping, franchise supermarkets have been growing very rapidly and the rise of many franchise supermarket brands bears testimony to its growth potential and profitability. Meanwhile, in the backdrop of this boom, some franchise supermarkets are going bankrupt. This paper analyzes the current status of franchise supermarkets and some factors bearing on their core competencies, so as to close the competitiveness gap with international retail giants.