The Fair Transactions in Franchise Business Act (“Franchise Act”) and the Fair Transactions in Large Franchises and Retail Business (“LFBA”) are the major laws governing the relationship between a franchisor and a franchisee. Whereas the general provisions of the Monopoly Regulation and Fair Trade Act (MRFTA), Commercial Act and Civil Act, additionally, regulate the franchise relationship and other business relationships in Korea. See: Definition of a Franchise in Korea for the Definition and an explanation of Korean Disclosure Requirements. Franchise
Continue readingTag: Korean Franchise Law
Material Omissions in Korean Franchise Disclosure Documents in South Korea
In April of 2015, the Supreme Court of Korea ruled that under Article 4; Article (9)(1); and Article 41(1) of the prior version of the Fair Transactions in Franchise Business Act (“Franchise Act”) damages may be obtained, from a franchisor, for all material omissions (Supreme Court 2014 DA 84824,84831, April 9, 2015) within Korean Franchise Disclosure Documents. Thus, we advise all franchises in Korea to review and update their franchise agreements, thoroughly, on a yearly basis. Damages for Material Omissions
Continue readingRequire 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
Continue readingKorean Franchisors’ Obligations in Korea to File Annual Report to Korean FTC
Korea’s Franchise Law imposes an obligation to report to the Fair Trade Commission of Korea, yearly, specific information relating to your franchise business worldwide. A franchisor’s disclosure document may be de-registered or a fine may be imposed if this Yearly Franchise Report is not accepted by the Korean Fair Trade Commission within 120 days of the closing of the year. The Yearly Franchise Report, in Korea, is intended to notify franchisees and prospective franchisees of changes in the operations of
Continue readingFranchising in South Korea: Practical Law’s Franchising Global Guide Korean Chapter by IPG Legal
This Global Guide Q&A on South Korean Franchise Law provides an overview of the main practical issues concerning Korean franchising, including current market activity; regulation of franchising in Korea; contractual issues relating to franchising agreements in Korea (including pre-contract disclosure requirements, formalities, parties’ rights and obligations, fees and payments, term of agreement and renewal, termination, and choice of law and jurisdiction); Korean Operations Manual; liability issues; Korean intellectual property; real estate; competition law; employment issues; dispute resolution; exchange control and
Continue readingA “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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