• 제목/요약/키워드: Retail franchise

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Judicial Review on Pre-arbitration Agreement in Terms to Resolve Franchise Dispute (프랜차이즈 분쟁계약상 사전중재합의에 관한 법리적 검토)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.29 no.1
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    • pp.3-29
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    • 2019
  • A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

A Study on the Foreign Countries's cases of Strengthening the Qualifications of Franchisers - Based on the case study of USA, China, Australia, England - (해외사례를 바탕으로 프랜차이즈 가맹사업 자격 요건 강화 방안을 위한 제언 : 미국, 중국, 호주, 영국의 사례분석을 중심으로)

  • HAN, Sangho
    • 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.

A Study on a Mutual Win-Win Growth Strategy for Korean Supermarkets

  • Park, Han-Hyuk;Kang, Dong-Nam;Lee, Sang-Youn
    • Journal of Distribution Science
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    • v.12 no.3
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    • pp.43-53
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    • 2014
  • Purpose - This study suggested a practical model for super supermarkets (SSMs) and small- and medium-sized stores to grow together. Super centers expanded their business. However, after the retail distribution law was revised in 2009, mutual cooperation between large and small enterprises resulted in social issues and people raised the issue of profitability. Research design, data, and methodology - This study investigated cases of regulation over distribution in Japan, France, and other countries to reveal implications and recommendations. Results - This study demonstrated how SSM and middle and small supermarkets could grow together by franchising and using cooperative society law. Franchising was a mutual growth model whereby the franchiser provided franchisees with large enterprise systems and utilities while franchisees could provide the franchiser with local information. They could thus build trust in each other to facilitate a mutual growth model. Further, the voluntary franchise system's model facilitated the mutual growth model. Conclusions - This study demonstrates that the franchise system and cooperative society could constitute an ideal model whereby large enterprises and middle and small stores could rely upon each other and grow together.

Factors and Directions of the Change of the Apparel Retail Structure in Korea (Part I) (우리나라 의류상품 소매유통구조의 변화요인과 방향 (제1보))

  • Ko, Sun-Young;Rhee, Eun-Young
    • Journal of the Korean Society of Clothing and Textiles
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    • v.30 no.11 s.158
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    • pp.1495-1506
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    • 2006
  • The purposes of this study are to investigate the formation and the change of apparel retail structure historically with the viewpoint that the retail structure is affected by the process of economic development. This study was done by literature research method and the result of this study is the following. The tailor and seamstress shops, the first clothing shops in Korea, were replaced by ready-made shops, because mass production system which had developed with the industrialization of Korea increased the advantage of economy of scale compared to handicrafts individual one. After that, the production system of apparel industry had been efficient continuously, while retail system had not. The retailing of famous brand apparel conducted by exclusive franchise store caused supplier oriented markets where the opinion and the desire of consumers were not reflected. While the retailing of the unknown brand apparel handled by small retail stores were inefficient. As the apparel industry matured in 1990s, various types of new stores appeared such as specialty stores, discount stores, TV home shopping, internet shopping, outlet malls, and big fashion stores in Dongdeamoon. These new stores have features of seeking profits in mass merchandising. As these large retail stores grow, the apparel retail structure of Korea is changing from a fragmented market to a vertically integrated one. This change is shown by the decrease of stores per inhabitants. With the change of environment, the apparel retail system which has lagged behind comparatively is expected to develop into more efficient system based on the large capital investment which raise the advantage of economy of scale.

A Case Study of New Franchise Brand Launching Through Proactive Market Response: BEERBARKET'S Successful Story of INTO FRANCHISE SYSTEMS (선행적 대응을 통한 프랜차이즈 뉴비즈니스 런칭 사례 : (주)인토외식산업의 맥주바켓 성공사례)

  • Seo, Min-Gyo
    • The Korean Journal of Franchise Management
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    • v.3 no.1
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    • pp.111-129
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    • 2012
  • Domestic franchise industry is a promising business to more than 10% per year growth rate and emerging as core of retail. In addition, due to the socio-cultural phenomena, including the retirement of the baby-boom generation, the growth of the franchise industry for some time expected to continue. But Domestic franchise reveals that limits to ensure for new franchisees because that few industries are concentrated to advance for franchisor and franchisees. Franchisors that within the industry came to a saturated, are for the growth and expansion of business into new industries to deploy as second, third brand. But reality is that the more success rather than failure. Therefore, in this study is a new brand development approach and case study results it focus on the BEERBARKET's successful story of INTO FRANCHISE SYSTEMS, INC. Case analysis results of this study, are reveled that franchise headquarters derived through research methods and research information, environmental survey and analysis should be continuously and objectively. Thus, based on the derived contents, the new brand Biz-Model should be established for recognition from the industry and customers. Ability to respond sensitively to changes in the environment and business activities can be associated with linking franchise headquarters belonging to the saturated competitive environment more is needed. Through proactively respond Franchise New business launching instance that BEERBARKET's successful story of INTO FRANCHISE SYSTEMS, INC. suggests the need to study about how to respond to environmental changes.

A Study on Cooperation in the Franchise Channel of Garment Goods (패션 프랜차이즈 경로에서의 협력에 관한 연구)

  • 황호종
    • Proceedings of the Korean DIstribution Association Conference
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    • 1999.11a
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    • pp.161-177
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    • 1999
  • Marketing channels have been characterized as social systems by the recent channel literatures. Under this assumption, many channel behavioral theories were developed by examining hypothetical relationships among several channel variables. Among them, interrelationship of channel cooperation with other variables has been one of major concerns to channel managers. From this point of view, the objective of this paper is to examine the role of cooperation in the franchise system of garments goods. In order to achieve our goal, data was collected from garment retailers and a simple random sample of 150 dealers was drawn and tested. Major findings through the data analysis are as follows : 1. Higher levels of dependence lead to higher levels of cooperation. 2. Noncoercive sources of power tends to increase intrachannel cooperation. However, the hypothesis that higher levels of coercive sources of power will lead to lower levels of cooperation was not statistically supported. 3. Another hypothesis that higher levels of conflict will lead to lower levels of cooperation was partially supported. 4. Higher levels of cooperation lead to higher levels of cooperation. In this study, data was gathered from the retail side of the franchise channel dyad for garments goods. Therefore, future research are suggested to investigate respondents of both sides(franchiser and franchisee) of the channel dyad.

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A Study on the Effects of the Characteristics of Franchise Business Members on Affiliate Outcomes (업종별 프랜차이즈 선택결정요인이 가맹점 성과의 만족도와 성공·실패에 미치는 영향연구)

  • Jang, Jae-Nam;Kang, Chang-Dong;Ahn, Sung-Sik
    • Journal of Distribution Science
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    • v.9 no.2
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    • pp.49-59
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    • 2011
  • A franchise can be said to be the main method of distribution and marketing. It appears to be the future of the retail industry and is one of the world's fastest growing businesses sectors, as many policy reports and research results have acknowledged. Korea's franchise industry began in the 1970s, spread out into many areas (including food services, retail, and the service industry), and has grown by over 10% each year ever since. The industry's influence on the national economy becomes ever greater. Although the size of the franchise industry is expected to grow as it spreads and as the government expands its support, it has not yet attracted much academic interest. Research has so far been very fragmented. The main interest has been the relationship and conflicts between the head offices and the affiliates. No study has yet occurred on whether the concepts of satisfaction and intent to conclude a contract directly affect the success or failure of the affiliates. Few studies have empirically inquired into the demographic characteristics and abilities of the affiliates that significantly affect their results. Domestic franchise industries must prepare to leap from quantitative to qualitative growth. Most important is the need for affiliate headquarters and affiliates to build confidence between them. A friendly and reliable relationship between affiliate headquarters and affiliates will eliminate distrust from the franchise and maintain a healthy franchise system. This study suggests that current and prospective heads of affiliation should concentrate not on attracting affiliates but on investment and techniques of affiliate support. They should work on the reinforcement of brand power, the appropriate affiliate business environment, systematic education/training, taking burdens off the affiliate business persons, consolidating the relationship with the affiliate business persons, marketing mix factors (e.g. products, price conditions, logistics and shipping services, promotion, supervising and supervisor, operation procedures/processes, and material evidence); these all greatly affect the success or failure of the affiliate business. Supporting the affiliates is an important factor that enhances their results and satisfaction and consequently increases the positive recommendations to others and the ratio of recurrent conclusions of contracts, which ultimately generate the growth of the franchises. In addition, it is suggested that prospective franchise founders should make every effort to choose a good head office since the characteristics of the head office greatly influence the success of the affiliates. This study is significant in that it grasps the characteristics of the head office of affiliation and of the affiliates that influence affiliate results in ways not yet academically attempted.

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Master Franchising and Glocalization Strategy of CU in Mongolia (CU의 몽골 소매유통시장 진출 사례 연구: 마스터 프랜차이즈와 글로컬라이제이션 전략)

  • Kisoon Hyun;Jinyoung Hong
    • Journal of the Economic Geographical Society of Korea
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    • v.26 no.2
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    • pp.110-122
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    • 2023
  • This study examined the characteristics of the Mongolian retail market through the case of CU, a Korean retail company that successfully entered Mongolia. This study provides useful implications for Korean companies planning to enter Mongolia. Despite its proximity to Korea, Mongolia is a difficult environment for the retail market because of its small domestic market, landlocked location, inefficient logistics infrastructure, and lack of laws and regulations related to the retail industry. On the other hand, CU has successfully settled in the Mongolian market through master franchise agreements with a local company and by promoting a glocalization strategy. Mongolia CU is not just a convenience store but a place where Mongolians can enjoy global culture, and it is being reorganized as a new space where Mongolians can satisfy their consumption needs.

A Study on the Classification and Operation Systems of Fashion Offline Store (점포형 패션유통형태의 분류체계와 운영방식에 관한 연구)

  • Kim, Hee-Sun;Ahn, Young-Sill
    • Journal of the Korea Fashion and Costume Design Association
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    • v.17 no.4
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    • pp.173-189
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    • 2015
  • The purpose of this study is to present the classification and operation systems of fashion offline stores. This research analyzed fashion literatures, articles and papers published by fashion-related companies and interviewed fashion practitioners. This research can be used as information for practitioners of the domestic fashion brand and students of fashion majors. The classification and operation systems of fashion offline stores are as follows. 1. The types of fashion offline store is classified as a form of road shop, department store, complex shopping center, select shop, outlet, and fashion wholesale retail specialty store. 2. The road shop is classified flagship store, franchise store, direct sales store, and street brand store. 3. The department store is recently using strategy to improve the profit rate, as setting up the select shop, expand the import contemporary brand stores, the men's brand stores, SPA brand stores, the street brand stores, and the soho internet shopping mall brands instead of reducing the national brands. 4. Most forms of fashion offline stores enhanced the functions to combine the catering, cultural activities and purchasing the lifestyle-related products, as well as fashion items. 5. The types of the operation system in fashion offline stores is classified as direct operations, franchise operations, middle management operations, and fully insert operations. 6. Franchise operations are tended to decline, however middle manager operations are overwhelming.

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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.