가맹사업거래(프랜차이즈)분쟁의 유형과 해결방안

A Study on the types of franchise dispute and its solution

&nbsp;&nbsp;For several decades franchising has been a growing phenomenon of business organization and sales or services distribution. The franchise business has been rapidly grown in Korea. However, since Korean financial crisis, the instability of employment was deepened and the household incomes were decreased in the sudden change of inner and outer environments of Korean society. Thus, retired employee and housewives were attacted to the franchise business due to its merit of demanding small amount of initial capital to make easy access for business foundations.<BR>&nbsp;&nbsp;But the backside of the growth of franchise business, many social problem have occured in franchise business. Especially many franchisee have been damaged by the franchisor who provide exaggerated information or false information.<BR>&nbsp;&nbsp;This dissertation deals with the dispute of franchise and the theoretical ground for a legal issue and a troubleshooting it presented.<BR>&nbsp;&nbsp;This dissertation deals with the legal nature of a franchise contract, the types of the franchise dispute and the returning of franchise fee. In this dissertation I would like to advance a theory to legal problems rationally arising from the dispute of franchise.<BR>&nbsp;&nbsp;A franchisor has a right to investigate and control the business of a franchisee, and has a right to instruct the franchisee to do something needed to carry out the franchise business. A franchisor is liable to support the franchisee, and is liable to supply products and services for the franchisee. A franchisee has a territory right. The franchisee is liable to allow the franchisor franchise fees.<BR>&nbsp;&nbsp;In the contract of franchise, a franchisor should not terminate the franchise contract arbitrarily. The cause of termination must be enumerated concretely and must be reasonable.<BR>&nbsp;&nbsp;In the termination of franchise contract, it is one of the important problem whether the franchise fee could be a return or not. Generally it looks on franchise fee as a penalty. To promise a penalty in case that each party commits a breach of a franchise contract is valid as a rule. However, too heavy a penalty can be reduced to an adequate level. So I think the royalty could be a return.