Legal Q&A
Q
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I am planning to leave my company and start a business. However, since I do not have much business experience, people around me have suggested that I try running a restaurant as a franchise. I heard that the exact term is a Fair Trade Commission franchise business transaction, and upon looking into it, this too involves many legal and contractual matters to be careful about, which makes it difficult. Could you explain the details of a Fair Trade Commission franchise business transaction?
Fair Trade Commission franchise business transaction
Answer
Published:
Author : DongIl PARK
A Fair Trade Commission franchise business transaction is commonly known to us by the term franchise.
This refers to a transactional relationship in which the head office, that is, the franchisor, provides the store owner, namely the franchisee, with certain support and training and receives a franchise fee.
Typical examples include well known franchise restaurants and cafes.
Because this franchise business transaction must comply with the Fair Transactions in Franchise Business Act operated by the Fair Trade Commission, it is also referred to, as you mentioned, as a Fair Trade Commission franchise business transaction.
Under the Fair Transactions in Franchise Business Act, all of the following five conditions must be satisfied for an activity to qualify as a franchise business.
① The franchisor grants the franchisee permission to use the business mark
② The franchisee sells goods or services in accordance with certain quality standards or business methods
③ The franchisor carries out support, training, and control over management and business activities
④ In return for the use of the business mark and the support and training for management and business activities, a franchise fee is paid
⑤ A continuous transactional relationship
As such, a franchise business may appear simple on the surface, but in practice there are many matters that must be checked.
If you need a detailed legal review in order to enter into an actual franchise business transaction, it is advisable to seek advice from an attorney with expertise in the field of fair trade.

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Key Case Results
MoreAssisting the Client in a Claim for Refund of the Franchise Fee Lawsuit and Obtaining a Refund Decision
Report of a Franchise Business Violation to the Fair Trade Commission, Resulting in a Corrective Order and a Penalty Surcharge
The Seocho Attorney's Office Obtained a Corrective Order and Penalty Surcharge Through a Report of a Franchise Business Act Violation
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