Multi-Unit Franchising에 관한 탐색적 연구 - 델파이기법을 중심으로 -

김태희,주성희 한국프랜차이즈학회 2019 프랜차이징저널 Vol.5 No.1

For the growth and development of the Korean franchise industry, this study was designed to gather opinions from experts on the prospects of Multi-Unit franchising in Korea by newly establishing Multi-Unit Franchising's Korean expression and conceptual framework and suggesting the characteristics of Multi-Unit Franchising. According to a Delphi survey conducted and analyzed by 24 experts in academia and industry, 1) Multi-Unit Franchising's Korean expression is 'Dajeompo Franchising', a operator that operates Multi-Unit Franchising is ‘Dajeompo Gamaengjeomsaupja’, and a Multi-Unit Franchising's definition is ‘A form in which an individual or corporation operates two or more unit’ in Korean. 2) In the future, Multi-Unit Franchising will be preferred over Single-Unit Franchising, and with the Sequential Franchising that allows successful franchisees to open additional stores, expectations will be placed on the competence and success of franchise operators. 3) Multi-Unit Franchising responded that trust and entrepreneurship between the headquarters and the franchisee should be required to settle in Korea, that a systematic system should be established for win-win cooperation, and that confidence in the franchisees’ profits is needed. The legal and institutional aspects of the division should be punished for business secrecy and information security, that the transparency of the headquarters should be strengthened, and that the information disclosure criteria of the franchisee should be strengthened. This research is the first paper to attempt to establish a conceptual framework for Multi-Unit Franchising in Korea, and will be the beginning for the study of MUF in the future. 본 연구는 한국내 더 나은 프랜차이즈 산업의 성장과 발전을 위해 한국에서의 Multi-Unit Franchising의 특성에 대해 제언하고, Multi-Unit Franchising의 한국어 표현과 개념 체계를 새롭게 정립하고자 하였다. 학계와 업계 24명의 전문가에게 델파이 조사를 실시하여 분석한 결과 첫째, Multi-Unit Franchising의 한국어 표현으로는 ‘다점포 프랜차이징’, 다점포 프랜차이징을 운영하는 가맹점사업자를 말하는 Multi-Unit Franchisee는 ‘다점포 가맹점사업자’, 다점포 프랜차이징의 한국어 정의로는 ‘개인 또는 법인이 2개 이상의 가맹점을 운영하는 형태’가 가장 적합하다고 의견이 수렴되었다. 둘째, 앞으로 다점포 프랜차이징은 단일점포 프랜차이징보다 선호될 것이며, 성공적으로 운영하는 가맹점사업자에게 추가 매장을 오픈 할 수 있도록 하는 순차적 다점포 프랜차이징(Sequential Franchising) 유형을 통해 가맹점사업자의 역량과 성공에 대한 기대를 하게 될 것이다. 셋째, 다점포 프랜차이징이 한국에 정착을 위서는 본부와 가맹점 사이의 신뢰 및 기업가정신이 필요하며 상생을 위한 체계적 시스템이 구축되어야하고 가맹점 사업자의 수익에 대한 확신이 필요하다고 응답하였으며, 법적·제도적 측면에서는 영업비밀유지 및 정보보안에 대한 처벌을 강화하고 본부의 투명성이 강화되며, 가맹점 사업의 정보공개, 가맹점사업자의 자격기준 강화되어야 한다고 의견이 모아졌다. 본 연구는 한국에서의 다점포 프랜차이징(MUF)의 개념 체계 정립을 시도한 최초의 논문으로 향후 한국의 다점포 프랜차이징의 연구가 활성화 될 수 있는 시작이 될 것이다.

A STUDY ON THE DETERMINANTS OF FRANCHISING IN KOREAN FOOD SERVICE INDUSTRY

Ho-Jeong Noh,Duk-Hwa Yun,Jee-In Jang,Da-Ae Jung,Min-Ho Cho 글로벌지식마케팅경영학회 2014 Global Marketing Conference Vol.2014 No.10

Purpose This study, for the first time attempts to investigate the determinants of the Korean foodservice franchising employing various theories. In addition this study attempts to consider distinguishable foodservice characteristics such as the segment of foodservice and the market demand. This study expects to contribute to the theoretical underpinnings of the foodservice franchising by incorporating distinguishable foodservice characteristics to franchising theories. Method The sample for this study came from uniform franchise offering circular based on Korea Fair Trade Commission. There were 1,598 food service franchisors in uniform franchise offering circular 2009-2011 listing. However, 596 were excluded because of data irregularities remaining 1,002 available for sample. Based on the literature review, we choose seven determinants. The seven determinants were measured as follows. Firm age was measured as two proxy variables. One was measured as the years of franchising business. The other was measured as the years of business. Firm size was measured as total sales. Capital scarcity was measured as the ratio of total debt to total asset. Start-up costs were measured as initial investment. Monitoring costs were measured as the number of major cities franchised units operates. Royalty was measured as sales of a franchised unit. Finally, brand name was measured as advertising expenditures. Results The first proposition (firm age is related to the use of franchising) was supported by the signaling theory and the transaction costs theory instead of the resource scarcity theory. The age (measured as the years of franchising business) had a statistically significant positive relationship with the use of franchising. The second proposition (firm age is related to the use of franchising) was supported by the logic of the resource scarcity. The age (measured as the years of business) had a statistically significant negative relationship with the use of franchising. The third proposition (firm size is related to the use of franchising) was supported by the signaling theory instead of the resource scarcity theory. The firm size had a statistically significant positive relationship with the use of franchising. The fourth proposition (capital scarcity is related to the use of franchising) was not supported by the resource scarcity theory. The capital scarcity had not a statistically significant positive relationship with the use of franchising. The fifth proposition (start-up costs is related to the use of franchising) was not supported. The start-up costs had not a statistically significant either positive or negative relationship with the use of franchising. The sixth proposition (monitoring costs is related to the use of franchising) was supported by the agency theory. The monitoring costs had a statistically significant positive relationship with the use of franchising.. The seventh proposition (royalty is related to the use of franchising) was not supported by the agency theory. The royalty had not a statistically significant positive relationship with the use of franchising. The eighth proposition (brand name is related to the use of franchising) was not supported by the agency theory. Brand name had not a statistically significant negative relationship with the use of franchising. Conclusions Five propositions were found to be statistically significant from eight propositions. The four determinants such as firm age, firm size, monitoring costs, and brand name can affect the use of franchising for the foodservice industry in South Korea. Relating the significant propositions to the diverse theories, there was no one theory that dominated all propositions. The signaling theory was more appropriate for both firm age (the years of franchising business) and firm size while the transaction costs theory was more appropriate for age (the years of franchising business) as well. In addition, the resource scarcity theory was more appropriate for firm age (the years of business). Finally, the agency theory was appropriate for monitoring costs although this theory needed to be ameliorated for brand name.

Research Framework for International Franchising

김주영,임영균,심재덕 한국마케팅과학회 2008 마케팅과학연구 Vol.18 No.4

The purpose of this research is to construct research framework fo international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and... The purpose of this research is to construct research framework fo international franchising based on existing literature and to identify research components in the framework. Franchise can be defined as management styles that allow franchisee use various management assets of franchisor in order to make or sell product or service. It can be divided into product distribution franchise that is designed to sell products and business format franchise that is designed for running it as business whatever its form is. International franchising can be defined as a way of internationalization of franchisor to foreign country by providing its business format or package to franchisee of host country. International franchising is growing fast for last four decades but academic research on this is quite limited. Especially in Korea, research about international franchising is carried out on by case study format with single case or empirical study format with survey based on domestic franchise theory. Therefore, this paper tries to review existing literature on international franchising research, providing research framework, and then stimulating new research on this field. International franchising research components include motives and environmental factors for decision of expanding to international franchising, entrance modes and development plan for international franchising, contracts and management strategy of international franchising, and various performance measures from different perspectives. First, motives of international franchising are fee collection from franchisee. Also it provides easier way to expanding to foreign country. The other motives including increase total sales volume, occupying better strategic position, getting quality resources, and improving efficiency. Environmental factors that facilitating international franchising encompasses economic condition, trend, and legal or political factors in host and/or home countries. In addition, control power and risk management capability of franchisor plays critical role in successful franchising contract. Final decision to enter foreign country via franchising is determined by numerous factors like history, size, growth, competitiveness, management system, bonding capability, industry characteristics of franchisor. After deciding to enter into foreign country, franchisor needs to set entrance modes of international franchising. Within contractual mode, there are master franchising and area developing franchising, licensing, direct franchising, and joint venture. Theories about entrance mode selection contain concepts of efficiency, knowledge-based approach, competence-based approach, agent theory, and governance cost. The next step after entrance decision is operation strategy. Operation strategy starts with selecting a target city and a target country for franchising. In order to finding, screening targets, franchisor needs to collect information about candidates. Critical information includes brand patent, commercial laws, regulations, market conditions, country risk, and industry analysis. After selecting a target city in target country, franchisor needs to select franchisee, in other word, partner. The first important criteria for selecting partners are financial credibility and capability, possession of real estate. And cultural similarity and knowledge about franchisor and/or home country are also recognized as critical criteria. The most important element in operating strategy is legal document between franchisor and franchisee with home and host countries. Terms and conditions in legal documents give objective information about characteristics of franchising agreement for academic research. Legal documents have definitions of terminology, territory and exclusivity, agreement of term, initial fee, continuing fees, clearing currency, and rights about sub-franchising. Also, legal documents could have terms about softer elements like training program and oper...

A STUDY ON THE DETERMINANTS OF FRANCHISING IN KOREAN FOOD SERVICE INDUSTRY

Ho-Jeong Noh,Duk-Hwa Yun,Jee-In Jang,Da-Ae Jung,Min-Ho Cho 글로벌지식마케팅경영학회 2014 Global Marketing Conference Vol.2014 No.7

Purpose This study, for the first time attempts to investigate the determinants of the Korean foodservice franchising employing various theories. In addition this study attempts to consider distinguishable foodservice characteristics such as the segment of foodservice and the market demand. This study expects to contribute to the theoretical underpinnings of the foodservice franchising by incorporating distinguishable foodservice characteristics to franchising theories. Method The sample for this study came from uniform franchise offering circular based on Korea Fair Trade Commission. There were 1,598 food service franchisors in uniform franchise offering circular 2009-2011 listing. However, 596 were excluded because of data irregularities remaining 1,002 available for sample. Based on the literature review, we choose seven determinants. The seven determinants were measured as follows. Firm age was measured as two proxy variables. One was measured as the years of franchising business. The other was measured as the years of business. Firm size was measured as total sales. Capital scarcity was measured as the ratio of total debt to total asset. Start-up costs were measured as initial investment. Monitoring costs were measured as the number of major cities franchised units operates. Royalty was measured as sales of a franchised unit. Finally, brand name was measured as advertising expenditures. Results The first proposition (firm age is related to the use of franchising) was supported by the signaling theory and the transaction costs theory instead of the resource scarcity theory. The age (measured as the years of franchising business) had a statistically significant positive relationship with the use of franchising. The second proposition (firm age is related to the use of franchising) was supported by the logic of the resource scarcity. The age (measured as the years of business) had a statistically significant negative relationship with the use of franchising. The third proposition (firm size is related to the use of franchising) was supported by the signaling theory instead of the resource scarcity theory. The firm size had a statistically significant positive relationship with the use of franchising. The fourth proposition (capital scarcity is related to the use of franchising) was not supported by the resource scarcity theory. The capital scarcity had not a statistically significant positive relationship with the use of franchising. The fifth proposition (start-up costs is related to the use of franchising) was not supported. The start-up costs had not a statistically significant either positive or negative relationship with the use of franchising. The sixth proposition (monitoring costs is related to the use of franchising) was supported by the agency theory. The monitoring costs had a statistically significant positive relationship with the use of franchising.. The seventh proposition (royalty is related to the use of franchising) was not supported by the agency theory. The royalty had not a statistically significant positive relationship with the use of franchising. The eighth proposition (brand name is related to the use of franchising) was not supported by the agency theory. Brand name had not a statistically significant negative relationship with the use of franchising. Conclusions Five propositions were found to be statistically significant from eight propositions. The four determinants such as firm age, firm size, monitoring costs, and brand name can affect the use of franchising for the foodservice industry in South Korea. Relating the significant propositions to the diverse theories, there was no one theory that dominated all propositions. The signaling theory was more appropriate for both firm age (the years of franchising business) and firm size while the transaction costs theory was more appropriate for age (the years of franchising business) as well. In addition, the resource scarcity theory was more appropriate for firm age (the years of business). Finally, the agency theory was appropriate for monitoring costs although this theory needed to be ameliorated for brand name.

사회적 프랜차이징의 활성화 방안에 대한 연구

이용탁 공주대학교 KNU 기업경영연구소 2019 기업경영리뷰 Vol.10 No.2

The purpose of the research was to identify the characteristics of social franchising of Korean social economic organizations by analyzing the phenomenon of social franchising in Korean society and to study on the revitalization of social franchising based on the survey of experts with expertise in social economic organizations. In this study, the policy direction to revitalize social franchising of social economic organizations was suggested, firstly, the necessity of social franchising and the need to enhance accurate recognition. In carrying out social franchising, accurate conceptualization of the spread of social values is necessary, and the policy direction accordingly should also focus on spreading social values. Second, institutional support for the revitalization of social franchising will have to provide greater job creation and social services through administrative and financial support. Third, a cooperative sharing system should be established for the revitalization of social franchising. It is necessary to establish a cooperative system in the form of an association involving academics, research institutes, local governments, governments, and social investors by seeking ways to systematically support the procedures, methods and financial support required for social franchising. Since there are no research results on social value creation through social franchising of social economic organizations in Korea, the government policy data related to social economy, and social economy experts were presented with strategies to promote social franchising. There is a limit to generalizing the results of this study with a study that has not been verified statistically. However, I hope that this study will be used as basic data on social franchising that can boost social economy in the future and spread true social values in this society, so that further developmental studies will follow. 본 연구에서는 한국 사회에서 진행되고 사회적 경제조직의 사회적 프랜차이징의 현상에 대한 분석을 통하여 한국 사회적 경제조직들의 사회적 프랜차이징에 대한 특성을 파악하고, 사회적 경제조직에 전문성을 가지고 있는전문가들을 대상으로 한 의견조사를 바탕으로 사회적 경제조직의 사회적 프랜차이징의 활성화방안을 도출하고자하는데 연구의 목적을 두었다. 본 연구에서 사회적 경제조직의 사회적 프랜차이징을 활성화하기 위한 정책적 방향성으로, 첫째, 사회적 프랜차이징의 필요성 및 정확한 인식의 제고가 필요함을 제시하였다. 사회적 프랜차이징을 실시하는데 있어 사회적가치의 확산에 대한 정확한 개념정립이 필요하며, 그에 따른 정책적 방향성도 사회적 가치를 확산시키는데 초점을 두어야 한다는 것이다. 둘째, 사회적 프랜차이징의 활성화를 위한 제도적인 지원책이 강구되어야 할 것이다. 사회적 경제조직들에 대한 양적인 증가보다는 성공적인 사회적 경제조직을 발굴하여 행, 재정적인 지원을 통하여 더 확대된 고용창출과 사회서비스의 제공을 가능할 수 있는 정책적인 뒷받침이 될 수 있는 방안이 필요한 것이다. 셋째, 사회적 프랜차이징의 활성화를 위한 협력적 공유시스템을 구축하여야 한다. 사회적 경제조직이 사회적프랜차이징을 도입, 운용하기 위해 요구되어지는 절차나 방법 및 재정적인 지원분야에서 시스템적으로 지원해 줄수 있는 방안의 모색으로 사회적 경제조직과 관련된 실무자 이외에 학계, 연구소, 지자체, 정부, 그리고 사회적 투자업체 등이 참여하는 연합체 형태의 협력적 시스템의 구축이 필요한 것이다.

사회적 프랜차이징을 통한 사회적 가치창출에 대한 사례연구

이용탁 ( Yoeng-taak Lee ) KNU기업경영연구소 2021 기업경영리뷰 Vol.12 No.1

본 연구에서는 사회적기업이 추구하는 취약계층의 고용창출과 취약계층에 대한 사회서비스의 제공을 위해 노력하는 사회적기업의 성장모델로써 사회적 프랜차이징에 대한 인식도를 제고시키고자 하는데 연구의 목적을 두었다. 사회적 프랜차이징은 사회적 기업가정신을 바탕으로 고용창출과 사회서비스의 제공의 확대에 목적을 둔 사회적기업의 성장모델로 제시되고 있다. 본 연구에서는 사회적기업의 성장모델로써 사회적 프랜차이징에 대한 개념화, 사회서비스 확대를 위한 사회적 프랜차이징의 규모화 전략, 그리고 사회적 프랜차이징의 사회적 가치창출로 나타난 외국 문헌들의 검토를 먼저 실시하고, 다음으로 국내에서 사회적 프랜차이징을 통해 사회적 가치창출로 이어진 모범적인 사례분석을 심층적으로 분석함으로써 사회적 프랜차이징의 사회적 가치창출의 효과를 간접적으로 시사하고자 하였다. 사회적 프랜차이징의 성공적인 도입과 정착을 위해서는 사회적 기업가정신의 사회적 가치창출에 대한 명확한 인식, 프랜차이지 업체들의 신중한 선정, 프랜차이지 업체들에 대한 적극적인 지원 등이 요구되고 있음을 사례분석에서 제시되었다. 아울러 사회적 프랜차이징의 실무적인 관점에서의 연구자료로서의 의의와 정책적인 관점에서 제안을 제시하고자 하였다. The purpose of the study was to raise awareness of social franchising as a growth model for social enterprises that strive to create jobs for the vulnerable and provide social services to the vulnerable. Social franchising is presented as a growth model for social enterprises aimed at creating jobs and expanding the provision of social services based on social entrepreneurship. In this study, the conceptualization of social franchising as a growth model for social enterprises, strategies for scaling social franchising, and social value creation of social franchising were reviewed first, followed by an indepth analysis of exemplary case study leading to social value creation in Korea. To summarize the findings from the case study centered on the successful introduction and settlement of social franchising. First, a clear recognition of problems by the entrepreneur of social enterprises who want to conduct social franchising is required. There should be a clear definition of social values that are intended to be achieved through social franchising. It proves how important social entrepreneurship is in social franchising. Second, in the process of selecting franchisees through social franchising, contracts with franchisees were made with clear standards. In selecting franchisees, it was selected by identifying strict interviews and willingness of entrepreneurs of franchisees interested in social franchising. Third, once the contract for social franchising was made, it actively provided administrative and financial support to franchisees to improve their profit structure. Based on the know-how of franchisor, improvements in administrative affairs, thorough education and training on service provision, sharing of knowledge, and financial support were made. In addition, it was intended to present proposals from a political perspective and significance as a research material from a practical perspective of social franchising.

Potential Enhancements for Business Performance through Franchising: The Case of Coffee in Vietnam

( Elizabeth Crawford Spencer ) 고려대학교 법학연구원 2011 The Asian Business Lawyer Vol.7 No.-

Drawing together themes from commodities trade, franchising and corporate governance, this paper has two principal objectives. The first is to describe the relationship between franchising and competiveness in commodities markets, specifically coffee in Vietnam. This paper explains the potential for franchising to reinforce the country`s competitive position in the production of coffee. It briefly defines franchising and outlines motivations for the choice of this business form, as well as conditions for the success of franchising in Vietnam. Franchising as a business model is well-suited to help to address challenges that face the coffee industry in Vietnam for several reasons: it offers a means of effective and widespread distribution, supports awareness and strength of the brand, and has been recognised in developing and transition economies in the promotion of best practice in business management. These same principles may be applicable to a range of commodities in other countries such as, for example, fair trade olive oil from Palestine. The second objective of this paper is to underscore the importance of good corporate governance to franchising and so to its contribution to developing economies. While the continued success of franchising relies on a well-tuned regulatory framework and on good corporate governance, at the same time, due to its emphasis on the sharing of a franchisor`s intellectual property and business practices, franchising can help ensure adoption of best practice in commercial enterprise of transition economies.

가맹점주 특성에 따른 Social Franchising 개념의 적용 방식에 대한 연구

김현순(Hyunsoon Kim),박주영(Ju-Young Park) 한국유통학회 2012 流通硏究 Vol.17 No.5

일반적으로 프랜차이즈는 영리를 추구하는 상업적 기업의 성격을 가지고 있으므로 영리를 추구하는 가맹본부의 입장에서는 사업의 성과를 최대한 높일 수 있도록 기업가 정신이 높고 사업 관련 역량이 높은 가맹점을 선호하게 되는데, 오히려 이러한 가맹점은 프랜차이즈에 대한 의존성이 상대적으로 낮다. 반면 기업가 정신도 부족하고 사업역량도 부족한 영세 가맹점의 경우에는 오히려 집중적인 가맹사업자의 관리가 필요하나 일부의 경우 능력이 부재한 가맹본부로부터 제대로 된 관리를 받지 못하고 실패하는 사례가 증가하고 있다. 최근 사회적 기업분야에서 확산되고 있는 소셜 프랜차이징이나 미소 프랜차이징은 이러한 측면에서 소규모 영세 가맹점을 대상으로 하는 프랜차이즈의 전략방향에 대한 많은 점을 시사한다는 전제하에 본 연구는 소셜 프랜차이징이 도시 영세민의 자활에 도움을 주고자 하는 목적에서 몇 가지 가설을 제안하고 있다. In general, commercial franchisors prefer franchisees with high entrepreneurship and business capability. However, these entrepreneurial franchisees with high capability tend to depend less on franchisors. Although franchisees with less entrepreneurship and low capability need intensive care from franchisors, some of them result in business failure due to improper supports from incapable franchisors. This paper suggests several propositions regarding social franchising’s role in supporting the low-income urban people on the premise that social franchising or micro-franchising provides implications for franchisor strategic orientations for franchisees with little capital. Through literature review about social franchising and micro franchising, some implications are drawn. Many social enterprises use franchising to get growth and sustainability, because franchising allow social enterprise to expand its scale and to achieve economies of scale despite of its non-commercial and social purpose. And continuous support and training undertake the most important role to achieve its social purpose. In commercial franchising, especially small business format franchising sector, franchisor have to consider not only commercial purpose but also social responsibility because of low capability and less entrepreneurship of franchisee. If franchisor pursue only own profit, this can increase the conflict and franchise system failure. So far many franchisors are concerned with own profit and external growth. But it is necessary to consider symbiotic relationship, social responsibility and sustainability more for the sake of desirable industrial growth in the future.

국제가맹계약시 당사자의 주요의무에 대한 소고

이규창,박종삼,김재성 한국무역상무학회 2011 貿易商務硏究 Vol.51 No.-

Domestic franchised businesses have been showing relatively fast growth, but the growth is expected to slow down as in those developed countries. In face of this changing market environment, domestic franchisers will have to turn their eyes abroad to achieve sustainable growth. On the other hand, more international franchisors could pursue expanding into the Korean market due to economic or strategic reasons in their home countries. In general, enterprises are faced with several barriers when entering foreign markets by franchising their operation. Issues relating to such entry barriers can be broadly classified into legal and managerial. To begin, international franchising necessitates enterprises to handle various aspects of legal issues. There are no internationally unified rules for franchise agreements as in international goods purchase contracts. This forces franchisors to have deep knowledge of concerned regulations and practices of each of the individual target countries, in particular franchising practices which differ from those of their own countries in terms of rights and obligations of the involved parties. Having regard to this situation, this study reviewed the EU’s PEL CAFDC and other domestic and overseas regulations governing franchising. From the results, several contractual obligations were derived that need to be taken into account when handling the issues around the international franchise agreement. In closing this paper mainly having in mind enterprises in various business lines seeking to expand into international franchising, some unmet needs are worth commenting. First, there is an urgent need to establish practical guidelines along with the model agreement addressing the issues of international franchising in the absence of any unified international rules. Second, to meet the first need above, it is needed that the relevant authorities conduct a comprehensive review of the existing franchising regulations available across overseas countries and, based on the results, embark on gathering good common elements in the existing franchising regulations in individual countries, ultimately developing the best possible guidelines and examples.

우리나라 가맹사업법의 현주소

최영홍 서강대학교 법학연구소 2007 서강법학 Vol.9 No.1

Franchising has become generally popular from the late 1960s in USA. As its popularity grew so did abuses and perceived abuses. Concerns were raised particularly about the degree of control the franchisor excised over the franchisees including the power to terminate the franchise. The extent of control excised by the franchisor over the franchisee has been the subject of considerable regulation. Recognizing the disparity in bargaining power between the franchisor and franchisee and franchisee's usual making a substantial investment, franchisor's control is restricted by a thicket of laws. Similar to the franchise statutes of USA, Korea Fair Franchise Practices Act(KFPA) was enacted in 2002 to regulate the franchise abuses. It consists of 44 sections which provides the franchise relations including, but not limited to, the code of conduct of both parties of the franchise agreement, prohibitions of the unfair trade practices, restriction of the franchise termination by franchisor respectively and provides the Offering Circular containing the information about the identity of franchisor and its business realities. Given all the rationales of the restrictions of franchisor's control, KFPA status quo cannot escape from the criticism that it regulates franchisor too rigidly. For example, it requires a franchisor sending three-time prior notice and giving at least two months to cure the deficiencies uniformly to terminate the franchise with only a few narrow exceptions. But this issue is not even touched in the hearing session of the Congress, which is fortunately held now to discuss the amendment of KFPA. Meaningful discussion is required to make the statute be more impartial and helpful to the sound development of franchising in Korea. If not the case, and this opportunity elapses, far more efforts be needed to correct the unfareness contained in KFPA than ever before.