The costs of appeal are assessed against the defendant.

1. As to the grounds of appeal on whether workers are dispatched and on the legal effect of the direct employment obligation

A. According to Article 2 subparagraph 1 of the former Act on the Protection, etc. of Temporary Agency Workers (amended by Act No. 11279, Feb. 1, 2012; hereinafter “former Dispatch Act”), the term “temporary placement of workers” 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 in accordance with the terms of the temporary agency contract while maintaining the employment relationship.

The issue of whether the legal effect of a contract for temporary placement of workers subject to the Dispatch Act is not attributable to the name or form of the contract attached by the party concerned, but rather, whether the third party directly or indirectly orders the worker concerned to take binding force on the performance of its duties, whether the worker concerned can be deemed to have been actually incorporated into the third party's business, such as the selection of the worker to be put into work or the number of workers, education and training, working hours, leave, inspection of work attitude, etc., whether the contract purpose is clearly determined as the performance of limited work, and whether the work entrusted by the worker concerned is distinct from the work performed by the third party, and whether such work has expertise and skills, and whether the plaintiff's employer has independent corporate organization or facilities necessary to achieve the purpose of the contract, etc.