프랜차이즈의 국제화와 가맹사업법의 문제점 = A Study on The Internationalization of The Franchise System and Some Flaws of Korea Fair Franchising Act

다국어 초록 (Multilingual Abstract)

In recent years franchising is having an increasingly significant effect on the economy of a growing number of countries. It has real benefits and potential to act as a stimulus for economic growth and the creation of jobs. Not only international but also indigenous franchise networks are spreading with a rapidity that was unheard of only twenty years ago.
Despite the unprecedented success of franchising, there is a widespread lack of knowledge of the exact nature of this way of business, as well as of the legal and practical issues that should be dealt with by any entrepreneur who is contemplating making use of the franchising vehicle.
To proliferate the franchising internationally, It is necessary to offer some basic knowledge and possible approaches to assist the entrepreneurs in negotiating master franchise agreements, including some factors to be considered when determining the methods to franchise internationally.
Prior to assessing the fitness of the current Korea Fair Franchising Act, developed countries' legal standings are surveyed concerning the franchising. The EU law is on the Vertical Agreement Regulation Replacing Block Grant effective until May 31, 2010. The American laws are on the anti-trust settings and the Disclosure Requirements and Prohibitions concerning Franchising promulgated by the Federal Trade Commission effective as of July 1, 2007(effective originally on July 21, 1979). Both of them do not go so far to invade freedom to contract in substance.
From the perspective of internationalizing the franchise system, Korea Fair Franchising Act has some systematic flaws and unfit clauses for the commercial trade context, which need to be re-revised in near future even though it has been revised lately.

참고문헌 (Reference)

1 최영홍, "가맹사업법 운영성과 및 개정방향에 관한 연구, (2005. 9. 10.)"

2 Wells, Gerald C, "Wieczorek, Dennis E., A Road Map to the New FTC Franchise Rule, 27-FALL Franchise L.J. (2007) 105"

3 "WFC, MINUTES of the WFC Meeting, 2-3 August 2008, Kuala Lumpur, Malaysia"

4 UNIDROIT, "Guide to International Master Franchise Arrangements, (Rome, 1999)"

5 "Garner, W. Michael, Franchise and Distribution Law and Practice (2006)"

6 Glickman, Gladys, "Franchising" 3 (3): 2006

7 Deards Elspeth, "European Union Law" Oxford University Press 2004

8 ABA SECTION OF ANTITRUST LAW, "Antitrust Handbook for Franchise and Distribution Practitioners (2008)"