TITLE	Supreme Court Decision 2015Du59686 Decided November 9, 2018 ¡¼Revocation of Corrective Order, etc.¡½ [full Text]
Summary
[1] Method of determining whether a franchiser¡¯s act of directly undergoing interior works and directly purchasing facilities, equipment, and appliances or having a designated party perform and purchase the same constitutes ¡°unlawful act of coercing a franchisee to engage in transaction with a specific counterparty¡± Whether creating an objective situation in which a counterparty has no option but to make a purchase may be deemed as falling under an act of ¡°coercing¡± transaction with a specific counterparty (affirmative) In the event that a franchiser informs a franchisee via a disclosure document of the circumstance on having to transact with a specific counterparty prior to the conclusion of a franchise agreement or enters into a franchise agreement based on a consensus of the same in advance, whether such acts may be readily concluded as not constituting ¡°unlawful act of coercing a franchisee to transact with a specific counterparty¡± (negative) [2] Requirements to constitute ¡°disadvantage¡± when referring to the act of putting a franchisee at an undue disadvantage, and, in such case, criteria for determining whether an act constitutes the same by unfairly using a transactional position

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