All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. Article 2 Subparag. 1 of the Act on the Protection, etc. of Temporary Agency Workers (hereinafter “Temporary Agency Act”) defines temporary agency workers as “temporary agency workers” in which a temporary work agency employs workers and, while maintaining the employment relationship, has them engage in work for a user company under the direction of the user company in accordance with the terms of the temporary agency contract, while maintaining the employment relationship. Articles 6-2(1)3 and 6(2) provide that if a user company continues to use the temporary agency workers for more than two years, the relevant temporary agency workers should be directly employed.

In addition, whether the legal relationship is a temporary placement of workers subject to the Dispatch Act, rather than a name or form of a contract, but rather a reasonable direction such as providing binding instructions on the performance of the duties itself to the relevant worker, whether the relevant worker can be deemed to have been actually incorporated into the third party’s business, such as organizing one work group with the worker belonging to the third party and conducting joint work, etc.; whether the contract purpose is to independently exercise the power to determine the number of workers to be put into the work or the number of workers, training, working hours, leave, inspection of work attitude; whether the purpose of the contract is specifically determined by limited scope of work; whether the relevant worker’s work is distinct from that of the worker belonging to the third party; whether the work requires expertise and expertise in such work; whether the plaintiff’s employer has an independent business organization or facility necessary to achieve the purpose of the contract; and whether the relevant worker has an independent business organization or facility necessary for achieving the purpose of the contract.

(see, e.g., Supreme Court Decision 2010Da106436, Feb. 26, 2015). 2. The lower court is based on its stated reasoning.