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All appeals are dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. (i) Prior to the amendment by Act No. 8076 of Dec. 21, 2006, the Act on the Protection, etc. of Temporary Agency Workers
A. The former Dispatch Act (hereinafter “former Dispatch Act”)
According to Article 2 (1) of the Act, temporary placement of workers means that a temporary work agency employs workers and has them engage in work for a user company under the direction of the user company according to the terms of the contract on temporary placement of workers 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 the worker subject to the former 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 orders the relevant worker to take binding force on the performance of the work itself, whether the relevant worker can be deemed to have been actually incorporated into the third party's business, such as the selection of the worker to be placed in 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 as the performance of limited work, and whether the work for the relevant 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, etc. shall be determined in accordance with the substance of the relevant employment relationship.
Meanwhile, Article 6 (3) of the former Dispatch Act provides that "If a user company continues to use a temporary agency worker more than two years, the two-year period expires."