• KOREAN POULTRY JOURNAL
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• v.35 no.12 s.410
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• pp.88-91
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• 2003

치킨프렌차이즈 사업을 하는 체리부로 계열사 ㈜한국153농산이 설립된 후 초창기 '처갓집 양념통닭' 브랜드 상표권 사용 분쟁이 있었지만 지난 8월 법원이 ㈜153농산에게 처갓집 양념통닭 상표권을 인정하며 분쟁이 일단락 되었다. 이후 닭고기 프랜차이즈 업계에 신선한 바람을 일으키며 성장하고 있는 ㈜한국153농산 신동욱 CEO를 만나 보았다.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.173-199
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• 2011

A franchisee has to depend on the overall system, such as knowhow and management support, from a franchisor in the franchise system and the two parties do not start with the same position in economic or information power because the franchisor controls or supports through selling or management styles. For this, unfair trades the franchisor's over controlling and limiting the franchisee might occur and other side effects by the people who give the franchisee scam trades has negatively influenced on the development of franchise industry and national economy. So, the purpose of this study is preventing unfair trade for the franchisee from understanding the causes and problems of dispute between the franchisor and the franchisee focused on the dispute cases submitted the Korea Fair Trade Mediation Agency and seeking ways to secure the transparency of recruitment process and justice of franchise management process. The results of the case analysis are followed; first, affiliation contracts should run on the franchisor's exact public information statement and the surely understanding of the franchisee. Secondly, the franchisor needs to use their past experiences and investigated data for recruiting franchisees. Thirdly, in the case of making a contract with the franchisee, the franchisor has to make sure the business area by checking it with franchisee in person. Fourthly, the contracts are important in affiliation contracts, so enacting the possibility of disputes makes the disputes decreased. Fifthly, lots of investigation and interests are needed for protecting rights and interests between the franchisor and franchisee and preventing the disputes by catching the cause and more practical solutions of the disputes from the government.

• The Korean Journal of Franchise Management
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• v.3 no.2
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• pp.1-19
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• 2012

This study intends to suggest the cooperative, win-win collaboration, as methods for settling disputes with the existing self-employed people over back-street business areas and disputes and conflicts between a franchiser and franchisees. In addition, it intends to analyze the Dunkin' Donuts purchasing cooperative in the US, where the franchising industry has been well developed; and to find the implications of cooperation strategies between Dunkin' Donuts and its franchisees that may be helpful for the South Korea's franchising industry. This study tries to discover a new model of the Korean-style franchise cooperative out of the basic principles and practice guidelines of cooperatives ranging from an early American franchise cooperative in 1955 to ARCOP, KFC, and Dunkin' Doughnuts in the late 1970s. Further, it looks into successful programs of a purchasing cooperative at Dunkin' Donuts such as TDP (Total Distribution Program), SFP (Shortening Futures Program) and DCP (Distribution Commitment Program). The case of the US Dunkin' Donuts, which operates the purchasing cooperative, suggests the following for the improvement of franchisees' profitability. First, relations of cooperation rather than of power are necessary between a franchiser and franchisees. Second, mutual solidarity of franchisees is necessary. Third, problems proper to the Korean franchise system should be improved. Fourth, an entrepreneurial spirit of going together rather than going fast is required. Fifth, complete satisfaction management is required. Considering different system environments between the two countries such as quantitative expansion within a short franchising history of 30 years or so and franchise profit models, there is a limit to generalizing down to a successful model of the win-win partnership cooperative. It is hoped that the sustainable management of the domestic franchising industry will be promoted in the future through the in-depth analysis of successful cooperatives.

• The Korean Journal of Franchise Management
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• v.1 no.1
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• pp.1-17
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• 2010

This study aims to analyze the relationship between the expectation of franchisees to their franchisers before contracting and perceived performance after actually operation. The analysis data was collected from 789 franchisees located in Seoul and Gyeonggi-do of South Korea. The findings are as followings: first, the gap between expectation of franchisees and perceived performance was negative and it becomes an necessary for franchise managers to manage the expectation of franchisees by using various effective marketing strategies. Second, the gaps were different among different franchise industrial classifications and the gap in the food-service industry is the largest.

• The Korean Journal of Franchise Management
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• v.2 no.2
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• pp.84-94
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• 2011

Domestic franchise industry is growing rapidly as a promising business in 21st century and also ordinary people business. Domestic franchise headquarters and franchisees have increased exponentially. However, because of tough competition in the industry, headquarters' lack o fawareness of recruiting and managing franchisees, and reckless expansion strategy for the structural problem of profit structure and lack of experts, systematic management and support system are not going well. For these reasons, the need of franchisee management system is growing up in this industry. Domestic franchise industry is focused on appearance, the volume, while absence and lowness of internal management systems are making stores shut down and conflicts proving necessity of management system. In this study, we find and study the way to compensate these problems and systematize by cooperating within surance companies to manage franchisees, and eventually to be able to set up and use new systems including franchise management system, initial services, on goin gservices, lega lservices, tax services, labor services, and financial analysis and planning services.

• Journal of Arbitration Studies
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• v.29 no.1
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• pp.3-29
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• 2019

A franchise business is a business in which the owners, or "franchisors," sell the rights to their business logo, name, and model to third party retail outlets, owned by independent, third party operators, called "franchisees." There are a number of features in franchising or terms in franchise agreements that may lead to disputes between franchisors and franchisees. These disputes may arise because of underlying risks in the franchise relationship, franchise agreement, or conduct of the parties. In this case, ADR is an effective way to resolve disputes in a quicker and often less costly way than having to go to court. If an agreement cannot be reached through mediation, then arbitration becomes the next step to resolving the differences. Whereas mediation is non-binding and focused on facilitating the parties to find a resolution that is acceptable to both, arbitration is binding and may result in a decision that is not acceptable to one of the parties. These situations can be resolved through experienced arbitration as arbitration allows franchisees to settle matters promptly and outside of the public eye. In addition, franchise dispute arbitration is usually less costly than going to traditional court. Considering all of these, reaching an agreement will also have typical clauses that address the issue of dispute resolution. It is again a more efficient process than going through the legal process and courts and is often less costly. By going through arbitration, the parties agree to give up their rights to pursue the dispute in the courts. However, there is a problem that the arbitration prior to the agreement and under the terms would be contrary to the restriction of jurisdiction under the "ACT ON THE REGULATION OF TERMS AND CONDITIONS" in Korea.

• Journal of Arbitration Studies
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• v.15 no.3
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• pp.207-232
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• 2005

This study is for an example of arbitration of a dining out franchise company in Korea and franchise system currently is expanding and developing to international trade. The main reason for that is franchising has some benefits compared to the existing trades. Korean dining-out industry has largely developed for the past 20 years, but there are little world-class company of the industry, because dining-out industry should go for qualitative as well as quantitative growth at the same time. Korean dining-out industry has adopted licensing and joint-venture among growth strategies, but the franchise system among them seems to have taken its place as a representative strategy for management to develop dining-out industry. The history of Korean dining-out franchise industry is very short and it is true that we have no a management philosophy of accompanying growth with franchise due to a short experiences and recognition of top management or managers and short-term strategy for branch expansion. For a brilliant growth of dining-out franchise industry, to settle disputes through arbitration, in case of disputes taking place, is very important, because the franchise industry is a frequent-trading sector, requires expert-level knowledge, favors a closed examination and also needs a fast solution. As the franchise industry has been sharply growing around the world, there is more possibility of disputes, and various and complicated laws of the industry are related to disputes as well, so much more expert-level knowledge is required to solve disputes. Therefore, affiliated headquarters hope a disclosed settlement of their disputes and their any disputes should be fast settled for the benefits of affiliated members.

• Culinary science and hospitality research
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• v.7 no.2
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• pp.217-242
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• 2001

A Study on the improvement Method of Domestic Franchise System based on the study through the Dispute cases. Future franchise operating is hard to survive if it has it's own competitive power in the fair trade. So first of all, Headquarter of franchise has the competitive power. Second, it has knowhow, because that knowhow is driving force which can lead a member of franchiser. third, it can supply tableware and materials without a hitch. In the conclusion, franchise operator has the competitive power that are difference and fair trade. Also, when franchiser always cooperate franchise operating, that contributed much to the growth of the foodservice. In the future, the study on foodservice of franchise should be go on more deeply.

• The Korean Journal of Franchise Management
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• v.2 no.2
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• pp.1-23
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• 2011

The Freedom of Information System has been introduced into the society based on the Fair Trade Transactions Act, which was established by Fair Trade Commission (FTC) on May, 2002. However, the system itself has showed limitations in guaranteeing a reliability and transparency of the disclosure document. Thus, since February, 2008, FTC not only made franchisors to register disclosure documents but also adopted the Disclosure Document Registration System, which forced them to provide registered disclosure documents to franchise applicants and franchisee. Franchisors consider the newly adopted Disclosure Document Registration System a restrictive system. However, considering the recent trend of fast growing franchising industry and the importance of being competitive, franchisors need to utilize the disclosure documents to promote their business and to gain trusts from franchise applicants by providing truthful information. In that way, franchisors will be able to establish a foundation that franchising industry might be successful and reduce the agency fee by cutting out conflicts with franchisees. Thus, this study aims to study the ways of effective preparation of disclosure document and its utilization from a franchisor viewpoint.