Unfair contracts are a recent issue. Are there ways to prevent them in advance?

Recently, there are frequent cases where unfair contract clauses become problematic in platform contracts based on content involving creators, BJs, celebrities, etc.

First, check whether penalty clauses are not excessive.

Penalties imposed when canceling or violating a contract should be at a level that "reasonably compensates for expected damages," and excessive amounts may be judged invalid under the "Act on the Regulation of Terms and Conditions."

Second, examine whether the income distribution structure is fair.

If the platform or agency unilaterally takes a high commission rate and you, as the creator, are left with little actual profit, this may be an unfair contract that abuses the principle of contractual freedom.

During negotiations, transparently reveal the profit distribution structure and request supporting evidence if necessary.

Third, look at whether termination clauses and contract period are balanced.

If termination grounds or methods are excessively restricted, or if the contract period is excessively long while mid-term termination is impossible, this can be a major source of future disputes.

Minimum termination grounds and proper procedures should be included in the contract, and the contract period should also not deviate from the usual range.

Lastly, if the contract wording itself is ambiguous or specific clauses can be interpreted differently, you should definitely receive an unfair contract review by an expert.

In particular, phrases such as "determined at the discretion of the agency" or "subject to consultation but the decision-making authority lies with the agency" can substantially solidify an unfair position close to an exclusive contract, so caution is needed.