Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
Unfair contracts have been an issue lately; is there a way to prevent them in advance?
Views7,892
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
Answer to Related Inquiry
Author: 고병준
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

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
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


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View more- Non-Prosecution
Defending a Client Who Sold a “Game Hack,” Resulting in a Non-Prosecution Decision

- Legal advisory
Sports Attorney Defends an Athlete in a School Violence Controversy Damages Lawsuit

- Non-prosecution
Entertainment Specialist Attorney Defends Against an Entertainment Agency's Obstruction of Business Complaint and Concludes It With Non-Prosecution

Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreIllegal Downloading: Violation of the Copyright Act When Using Torrents and the Resulting Level of Punishment

Copyright Infringement: The Severity of Punishment for Operating Illegal Streaming and the Available Responses

Guidance on the Procedure for Filing a Complaint Over YouTube Comments and Methods of Securing Evidence

The Game Industry Promotion Act: Scope of Application and Penalty Levels by Type of Violation

How Severe Is the Punishment for Ticket Scalping, and How Do You Report It?

Do you have more questions?














