프랜차이즈계약에서의 정보제공의무에 관한 연구

Abstract

In modern society, it couldbe happened that one’s ability of collectinginformation or one’s knowledge show remarkably lower than the othersdue to the diversity and complexity of commodities and transactioncaused by fierce competition circumstances. The gap in amount ofinformation is the critical factor in making contract in the way that itcould largely influence on one’s making decision. Therefore the contractbetween tow parties that have unbalanced status could have the unfairfactors, contents and clauses in itself. Many legislations againstthe unfaircontract such as ‘Regulation of Standardized Contracts Act’,the MonopolyRegulation and Fair Trade Act’ and so on. are enacted. Especially, ‘theFair Transaction in Franchise Business Act’has been legislated to regulateunfair practices in franchise contract. The Fair Transaction in FranchiseBusiness Act functions as a pre-relief protecting franchisees with aeconomically and legally lower position.This law stipulates that franchisershave to provide the franchisee seeker who suffered from deceptiveadvertising with the important information. However, this law has alimit in post-relief. There are not any relief method to make the contractuneffective andinvalidity and there and any rules making somebody takelegalresponsibility. Therefore, problems should be shoot with the currentgeneraltheory of the Civil Procedure Code. This research aims to prevent franchise seekers who have less legalknowledge etc. from unfair losses caused by the contract with strongerfranchiser in collecting information and ability of negotiation and seeksthe possible principalof law as the proper reliefs for victims of disputetopractical use.