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BHC, 치킨 프랜차이즈 가맹계약 일방적 해지로 3억 5000만원 과징금 및 시정명령

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작성일 24-01-03 13:36

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BHC, 35 million won in fines for unilateral termination of franchise agreement

The Fair Trade Commission announced on the 26th that it has imposed a fine of 35 million won and an order to rectify on the chicken franchise BHC for unilaterally terminating the franchise agreement without valid reason.

According to the Fair Trade Commission, BHC notified the termination of the franchise agreement to the A franchisee in April 2019, claiming that false information was spread to defame the reputation and credit of the franchise headquarters. After the A franchisees application for confirmation of franchisee status was not accepted by the court, BHC unilaterally notified the termination of the franchise agreement in October 2020, even though there was no clear reason for termination. After that, BHC suspended the supply of goods from November of the same year to April 2021.

The Fair Trade Commission determined that BHCs actions of notifying the termination of the franchise agreement and suspending the supply of goods to A franchisee, based on the cancellation of the interim disposition decision, violated the Franchise Business Act. It also diagnosed that the reason for canceling the interim disposition decision by the court is irrelevant to the legality of terminating the franchise agreement in 2019. The Fair Trade Commission also pointed out that there was no evidence that the A franchisee violated the franchise agreement.

In addition, the Fair Trade Commission issued a warning and disciplinary action to BHC for depriving the franchisee of the authority to determine the price of products on their delivery application.

The Fair Trade Commission stated, "Through this measure, we hope that it will serve as an opportunity to protect the rights of many franchisees in the chicken industry, which is a representative delivery food and closely related to peoples lives."

-Translated by OpenAI
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