All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. According to Article 2 subparagraph 1 of the Act on the Protection, etc. of Temporary Agency Workers as to ground of appeal No. 1 (hereinafter “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 of the user company pursuant to the terms of the temporary agency contract while maintaining the employment relationship.

In a case where the plaintiff's employer requires a certain worker to perform the work for a third party, whether the legal relation is a temporary placement of workers subject to the Dispatch Act does not go against the name or form of the contract attached by the party concerned, but rather, whether the third party directly or indirectly issue a binding order with regard to the performance of the work for the pertinent worker, whether the pertinent worker can be deemed to have been actually incorporated into the third party's business, such as the selection of workers to be put into the work for the plaintiff's employer, or the number of workers, education and training, working hours, leave, inspection of work attitude, etc., whether the contract purpose is clearly determined by the specific scope of the work for the pertinent worker is distinct from the work for the third party's employee, whether the work for the pertinent worker is specialized in such work, and whether the plaintiff's employer has an independent corporate organization or facility necessary to achieve the purpose of the contract, etc., based on the substance of the relevant employment relationship.

(see, e.g., Supreme Court Decision 2010Da93707, Feb. 26, 2015). The lower court, based on the adopted evidence, acknowledged facts as indicated in its holding, and thereafter, operates the Defendant Intervenor who employed the Plaintiffs and the instant hotel.