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| TITLE | Supreme Court Decision 2013Da14965 Decided November 26, 2015【Affirmation of Worker Status】 [full Text] |
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| Summary | |
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[1] In cases where a user company fails to perform its obligation to directly employ a worker, in violation of the temporary agency term limit under the amended Act on the Protection, etc. of Temporary Agency Workers, Act No. 8076 of Dec. 21, 2006, whether the temporary agency worker has a judicial right to seek judgment against the user company in lieu of its expression of intention to hire (affirmative); and once the judgment becomes final and conclusive, whether a direct employment relationship is established between the user company and the temporary agency worker (affirmative) / In this context, whether the temporary agency worker may claim for damage compensation against the user company for its non-performance of its direct employment obligation in the amount corresponding to the wages up to the point of establishment of a direct employment relationship (affirmative) [2] In cases where a user company continues to use a temporary agency worker in violation of the temporary agency term limit, whether the applicability of the main text of Article 6(3) of the former Act on the Protection, etc. of Temporary Agency Workers or Article 6-2(1) of the subsequently amended Act on the Protection, etc. of Temporary Agency Worker may be excluded solely for the reason that there was a change in temporary work agency during the temporary agency term (negative in principle) |
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