The Korean Law Blog | Dowoo Hwasan

 South Korea: International Trade and Distribution Franchise Dispute: When Franchisors Force Purchases to Franchisees Franchise Dispute, Franchise Attorney | Dowoo Hwasan Attorneys & Counselors Fair Trade Team | Hogan Yoon, Esq. Today, we will examine the abuse of transactional position by franchisors, the issue in the Franchise Business Act. An abuse of transactional status refers to the behavior of a franchisor interfering with management such as forcing purchases or giving disadvantages to franchisees in an inferior position by using its superior transaction position.  On the other hand, Article 12(1)-3 of the Franchise Business Act prescribes abuse of transactional position, and the specific types are listed in Article 13(1) of the Presidential Decree, Attached Table 2. The types include forcing purchase, unfair coercion, setting or change of unfair contract terms, interference with management, compulsory sales targets, and provision of disadvantages.  _________________________

South Korea: International Trade, Distribution and Franchise Law Large Retail Business Act Dispute, Sales Incentive, Prohibition on Requests for Economic Profits   Large Retail Business Act Dispute, Fair Trade Team, Retail Business Attorney | Dowoo Hwasan Attorneys & Counselors | ​ ​ Large Retail Business Act Article 15 ( Prohibition of Requests for Economic Profits ) (1) A large retail business entity shall not have a supplier, etc., provide money, articles, services, or other economic profits to him/her or a third party without justifiable reasons. (2) Notwithstanding the provisions of paragraph (1), a large retail business entity may agree with a supplier on the details of an annual basic contract, including the purpose of paying a sales incentive, timing for payment, frequency of payment, rate and amount of sales incentive, etc. as prescribed by Presidential Decree and may receive a sales incentive from the sup

 South Korea: Labor and Employment Law Industrial Accident Attorney’s Three Measures to Protect Platform Workers in South Korea Industrial Accident Attorney, Labor Law Attorney, Labor and Employment Attorney | Dowoo Hwasan Attorneys & Counselors, Labor and Employment Team | Hokeun Yoon, Esq. This is the last one of the 3-series ‘Miracle Industrial Accident Compensation. We will discuss measures to protect platform workers.  ________________________________________ Miracle Industrial Accident Compensation Part 3 “Three Measures to Protect Platform Workers” As the number of platform workers skyrockets in recent years, controversies surrounding their legal status are spreading. Platform workers who receive compensations for services directly from consumers with a platform as a medium after deducting certain fees are deemed as so-called persons with special types of employment under the current laws and are not acknowledged as workers under the Labor Standards Act.  In fact, persons wi

 Labor and Employment Law in South Korea Industrial Accident Litigation in South Korea: Precedents and cases regarding persons in special types of employment  Industrial Accident Dispute, Labor Law Attorney, Labor and Employment Attorney | Dowoo Hwasan Attorneys & Counselors, Labor and Employment Team | English-Speaking Lawyers Korea ________________________________________   Today, in this 2nd story of the ‘Miracle Workers’ Compensation’, we will examine workers’ compensation for persons in special types of employment based on precedents and cases.  Miracle Workers’ Compensation Part 2 “Worker’s Compensation for Persons in Special Types of Employment Found in Precedents”  As we have examined in the 1st post of this series, for platform workers to receive workers’ compensation, they must be either Worker under the Labor Standards Act or Persons in Special Types of Employment acknowledged as a special exception under the Industrial Accident Compensation Insurance Act.  Then, the key