The costs of appeal are assessed against the defendant.

1. Article 2 subparagraph 1 of the Act on the Protection, etc. of Temporary Agency Workers (hereinafter “Temporary Agency Act”) means that a temporary work agency employs a worker and has him/her engage in work for a user company under the direction and order of the user company pursuant to the terms of the temporary agency contract while maintaining the employment relationship with the worker.

Meanwhile, Article 6(3) of the former Dispatch Act (amended by Act No. 8076 of Dec. 21, 2006) provides that “If a user company continues to use a temporary agency worker for more than two years, it shall be deemed that the temporary agency worker is employed from the day following the expiration of the two-year period from the day when the two-year period expires” (hereinafter “direct employment deeming provision”). This means that a direct employment relationship exists between the user company and the temporary agency worker immediately in cases where the temporary agency worker has been dispatched and the temporary agency worker continues to be more than two years.

(see, e.g., Supreme Court en banc Decision 2007Du22320, Sept. 18, 2008). Moreover, it is reasonable to view that working conditions of temporary agency workers deemed directly employed by the user company under the direct employment deeming to be the same as the working conditions stipulated in the rules of employment, etc. applicable to the relevant temporary agency workers, if any, among the employees of the user company, a worker performing the same or similar

(2) Article 3(1) of the former Act provides that “The term “the term “the term “the term “the term “the term “the term” means “the term “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “which means the term” means “the term “the term” means “the term “which means the term” means “the term “the term.”” refers to the term “the term “which means the term.”