가맹사업법의 최근 쟁점과 개선방안

Abstract

In order to properly understand franchise, it is necessary to understand the essential implications of support and control for franchisees in the franchise headquarter. This control is beyond the control of the business strategy established by the franchise headquarter and the control of the franchise headquarter for the protection of intellectual property rights such as trade name, trademark, service and know-how. The essential implications of support and control for franchisees in franchise system means ensuring the unity of the franchise system as a whole and increasing the value of the franchise business, by protecting the average profit of all franchisees and by appropriately restraining and controlling some opportunistic behaviors within the franchise system, and operating and maintaining the franchise system in a direction that benefits the franchisee, and in the direction of serving the average profit of the all franchisees. As we have seen, the franchise industry in Korea is entering a period of maturity and competition is intensifying, and the difficulty of survival of the franchises due to rising prices of raw materials and intensive competition is increasing. On the other hand, the franchise industry in Korea is relatively small in size compared to the developed countries that are becoming bigger and bigger companies, and they are not able to realize economies of scale and lack of social trust due to too high business failure rate. However, a franchise is a kind of small-cap-friendly industry that is useful for advancing the service industry and enhancing the competitiveness of the self-employed, and it needs to be revitalized as a high-value-added industry by promoting entrepreneurship and strengthening related industries. In order to foster the franchise industry, it is necessary to make policy efforts to minimize the problems between the franchisers and the franchisees in the franchise business, and to grow together. Also, based on the deep understanding of the essential characteristics and relationship characteristics of the franchise system, it is necessary to draw up success factors for mutual trust and to make mutual efforts based on mutual trust. Therefore, the legal regulations and systems for franchise industry are to increase the advantages of the franchise industry on the basis of understanding the advantages and risks of the franchise system and the types and contents of the conflicts that realizes the risks. It should be possible to reduce and manage the possibility, so that the franchise system becomes a win-win business form to franchisers and franchisees. In this respect, the issues discussed at present are not consistent with the nature of the franchise, so if we make improvements, we will make other improvements as well to ensure that laws and systems contribute to the development of franchise as an industry.