All appeals are dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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 of the user company in accordance with the terms of the temporary agency contract while maintaining the employment relationship with the worker.

In a case where the plaintiff's employer requires a certain worker to perform the work for a third party, whether the legal relation constitutes 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, 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, and whether the work for the pertinent worker is distinct from the work for the third party's employee, and whether such work has expertise and skills, and whether the plaintiff's employer has an independent corporate organization or facility necessary to achieve the purpose of the contract.

Meanwhile, the former Dispatch Act (amended by Act No. 8076, Dec. 21, 2006; hereinafter the same) is the main text of Article 6(3).