The costs of appeal are assessed against the defendant supplementary intervenor.

1. As to the ground of appeal No. 1, Article 6(3) of the former Act on the Protection, etc. of Temporary Agency Workers (amended by Act No. 8076 of Dec. 21, 2006; hereinafter the amended Act on the Protection, etc. of Temporary Agency Workers; hereinafter the amended Act on the Protection, etc. of Temporary Agency Workers) 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 on the day after the two-year period expires” (hereinafter referred to as “direct employment deeming provision”). This means that a direct employment relationship exists between the user company and the temporary agency worker immediately if the temporary agency worker has been dispatched and the worker's temporary agency worker continues to be more than two years. In such case, the employment relationship shall be deemed as having no fixed period, barring any special circumstances.

(see, e.g., Supreme Court en banc Decision 2007Du22320, Sept. 18, 2008). In addition, Article 1 of the former Dispatch Act provides that the legislative purpose of the Act is to contribute to the stabilization of employment and the promotion of welfare of temporary agency workers by establishing the standards for working conditions, etc. of temporary agency workers under Article 1, so working conditions of temporary agency workers may not be deemed as important, and Article 21 of the former Dispatch Act provides that temporary agency workers shall not receive discriminatory treatment compared to those of the same kind of workers performing the same duties within the user company's business. In addition, treating temporary agency workers who form a direct employment relationship with the user company is consistent with the concept of fairness in treating them equally with the user company's employees performing the same or similar duties, and Article 6-2 (3) 1 of the amended Dispatch Act also provides that the user company should directly employ the relevant temporary agency workers by continuously using the temporary agency workers for more than two years.