I'm being sued for a huge damages claim for allegedly violating the Fair Trade Act. What should I do?

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The store I run has gone viral, so I want to franchise it. Since I've been doing everything alone from start to finish, I'm worried about whether there are legal issues... What content should be in the franchise contract drafted when signing with franchisees?

fair trade act violation

enforcement decree of fair trade act

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作者: 박동일

The Fair Trade Act prohibits unfair trade practices, and the guidelines and sanctions are strictly imposed accordingly.

In the questioner's case, if it is recognized that you committed an abuse of superior bargaining position, which is a type of unfair trade practice, it could be recognized as a violation of the Fair Trade Act.

Abuse of superior bargaining position refers to a business operator unfairly using its superior trading position in transactions with the other party.

In this case, if the questioner's side used its superior trading position in the termination, breach, or modification of the contract, it may be considered an unfair trade practice and may therefore constitute a violation of the Fair Trade Act.

If unfair trade practices are recognized, not only corrective measures but also criminal punishment may follow, so caution is required.

However, since a violation of the Fair Trade Act can only be recognized if it is proven that there was truly an abuse of position through deception in terminating the contract, detailed investigation and defense strategy must be established.

If you are involved in such an issue, it is important to consult with an attorney specializing in fair trade to thoroughly understand the situation and respond.