Require a Injunction in a Korean Court Against your Former Korean Franchisee for Competing Against your New Korean Franchisee?

Under the Fair Franchise Transactions Act of Korea (“Franchise Act”), a franchisee has the right, under Korean Law, to request the renewal of a Korean franchise agreement after ten years of successful operation of a franchise.  In some cases this reality leads to a Former Franchisee continuing the franchise in competition with your new franchisee. We wrote about termination of a Korean franchise in other articles including: Termination of a Franchise in Korea.  Also, you can view other articles on

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A “Franchise” Defined under Korean Law: Franchise Law Basics

Korea Franchise Law  Korea has a very broad definition of a “franchise” under Korea’s Franchise Law. The definition of a franchise, in Korea, is noted in Korea’s Franchise Act and has been fairly consistently applied by the courts and Korea’s Fair Trade Commission. If you are deemed a franchise in Korea, you shall have disclosure and other requirements prior to offering your franchise for sale in Korea. Korea’s Franchise Act defines a franchise as: “a continuous business relationship in which

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