가맹사업법상 숙고기간, 계약해지, 가맹거래사 규정의 해석론 및 개선방안에 대한 연구

Abstract

According to the Franchise Business Act, the deliberation period can be shortened if a prospective franchisee in a relatively inferior position with the franchisor, has received advice on the information disclosure statement from an expert affiliated in franchisor company. This can result in the case of neglecting the purpose of the legislation. In view of the common practice in which the disclosure statement and the franchise agreement are issued at the same time, there is a problem that the shortening of the information disclosure statement deliberation period cannot have any meaning unless it is stipulated to shorten the deliberation period for the franchise agreement. The provisions of the Franchise Business Act, which stipulates the termination of the franchise agreement, may also cause disputes between the parties to the franchise agreement due to ambiguous expressions. While the Franchise Business Act stipulates Fair Trade Attorney, it does not exclusively protect their duty, so there is a high possibility that the qualification itself will be empty. These provisions of the Franchise Business Act are considered to be loophole in legislation, so legislative supplementation is necessary