• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.119-133
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• 2011

The objective of this study is to establish the basic concepts for franchise agreements in consideration of both theoretical and practical conditions, to set the parameters for the discussion regarding the practical business matters pertaining to franchise agreements, and to analyze the criteria for determining the illegality of unfair trade practices based on research into actual practices in franchise transactions and on case studies of the implementation of laws by the Fair Trade Commission. The study aims to thereby contribute to the stabilization of laws in franchise transactions, benefiting all parties including franchise-related institutions, participants in franchise transactions, and related consumers. In conclusion, even in cases where regulatory exceptions are applied within the Fair Franchise Transactions Act when determining the illegality of franchised businesses, it is impossible to eliminate illegality unless all necessary and sufficient conditions have been included, and even if the procedure for evading illegality has been undertaken, illegality may not be eliminated unless the contents thereof are legitimate.