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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Franchising 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

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Korean Franchise Law Basics: Korea’s Act on Fairness in Franchise Transactions

Korea has seen its share of unscrupulous local franchisors. Issues with local franchisors have led to Korea adopting one of the most franchisee-friendly franchise laws in Asia. The first comprehensive franchise act in Korea was passed in 2002. This act was substantially amended in 2007 and some revisions were made in 2010. For a recent post on Amendments to Korean Franchise Law please see: Amendments of Korean Franchise Law for 2021. The Act on Fairness in Franchise Transactions may be

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