All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1.(a)

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.

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 in question, whether the worker concerned can be deemed to have been actually incorporated into the third party's business, such as the selection of workers 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 by the specific scope, and whether the work entrusted by the worker concerned is distinct from the work performed by the third party, 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., based on the substance of the employment relationship.

(see, e.g., Supreme Court Decision 2010Da106436, Feb. 26, 2015). B.

The court below recognized the facts in full view of the adopted evidence, and on the following grounds, the service companies that employ the plaintiffs have ordered the plaintiffs to work for the defendant under the direction of the defendant.