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South Korea Enacts Franchise Legislation

BY Michael G. Brennan
September 13, 2003

The recently enacted South Korean Act on Fairness in Franchise Transactions (AFFT) went into effect on Nov. 1, 2002. According to the Korean government, the purpose of the AFFT is to establish 'fairness in franchise transactions and promote balanced and mutually complementary development on even terms between a franchisor and a franchisee for purposes of advancement of consumer welfare and a sound national economy.'

Apparently, the legislature felt that this type of legislation was needed in Korea because there was no law specifically directed at franchising despite its growing popularity there. 'This is a rationale that we have seen used to justify franchise regulation in other countries. Prior to the adoption of this act, the Korean government regulated franchise transactions through a regulation adopted by the Fair Trade Commission. The government believes that the AFFT will allow Korea to better control franchise transactions in that country.

It is important for both a franchisor seeking to break into the Korean market and an experienced franchisor who already has franchisees in Korea to carefully study the provisions of the AFFT because the requirements are stringent, and the sanctions for violations are significant. This is both a disclosure law and a relationship law. The key provisions are reviewed below.

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