Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Unfair contracts have been an issue lately; is there a way to prevent them in advance?

Legal IntellectualViews7,892

I am working as a BJ (online broadcast jockey), and this time I intend not to renew with my original agency but to sign with another one. When I first signed with my former agency, I had no experience, so I just signed whatever was given to me, but later I found that the revenue split was unfavorable and that the penalty was large if the contract was unilaterally terminated. Fortunately that contract has ended, and this time I intend to sign properly, so is there any way to prevent an unfair contract in advance?

Unfair contract

A

Answer to Related Inquiry

Recently, unfair contract clauses have frequently become an issue in content-based platform contracts involving creators, BJs, entertainers, and the like.


First, you should check whether the penalty clause is excessive.


A penalty imposed upon termination or breach of a contract must be at a level that “reasonably compensates for the anticipated loss,” and if it is excessively high, it may be judged void under the Act on the Regulation of Terms and Conditions.


Second, you should examine whether the income distribution structure is fair .


If the platform or agency unilaterally takes a high commission rate and you, the creator, have virtually no remaining profit, this may be an unfair contract that abuses the principle of freedom of contract.


During negotiations, it is advisable to disclose the revenue distribution structure transparently and, if necessary, to request supporting evidence.


Third, you should examine whether the termination clause and the contract term are balanced.


If the grounds or methods for terminating the contract are excessively restricted, or if the contract term is excessively long while early termination is impossible, this can become a cause of a major dispute in the future.

At a minimum, grounds for termination and a legitimate procedure should be included in the contract, and it is advisable that the contract term not exceed the ordinary range.

Finally, if the wording of the contract itself is ambiguous or a particular clause leaves room to vary depending on interpretation, it is advisable to have an expert review whether it is an unfair contract.

In particular, phrases such as ‘to be determined at the agency's discretion’ and ‘subject to consultation, but the decision-making authority rests with the agency’ can, in effect, entrench an unfair position close to an exclusive contract, so caution is required.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney MinOu  JO

MinOu JO

T. 070-5221-3616

entertainment lawyer

Attorney Hyo Chul JEON

Hyo Chul JEON

T. 070-5221-2387

Career as Chairman of the Sports Fair Committee

Attorney YoonJoong KIM

YoonJoong KIM

T. 070-7510-2016

entertainment lawyer

Attorney IkChun Jo

IkChun Jo

T. 070-7510-1044

entertainment lawyer

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat