(1) Where a user company falls under any of the following cases, the user company shall directly employ a temporary agency worker:
1. Where the user company uses the temporary agency worker in the jobs prohibited from temporary placement of workers prescribed in Article 5 (1) (excluding cases where temporary work agency business is conducted pursuant to Article 5 (2));
2. Where the user company uses the temporary agency worker in violation of Article 5 (3);
3. Where the user company continues to use the temporary agency worker in excess of two years in violation of Article 6 (2);
4. Where the user company uses the temporary agency worker in violation of Article 6 (4);
5. Where the user company is provided with services for temporary placement of workers in violation of Article 7 (3).
(2) Paragraph (1) shall not apply where the relevant temporary agency worker clearly expresses his/her dissenting opinion or where a justifiable ground prescribed by Presidential Decree exists.
(3) Where a user company directly employs a temporary agency worker pursuant to paragraph (1), working conditions for the temporary agency worker shall be according to the following classifications:
1. Where there is a worker performing the same or similar kind of duties as the temporary agency worker among the workers employed by the user company: The working conditions prescribed in the employment rules, etc. applicable to such worker shall apply to the temporary agency worker;
2. Where there is no worker performing the same or similar kind of duties as the temporary agency worker among the workers employed by the user company: The working conditions for the temporary agency worker shall not be worsened compared to his/her existing working conditions.
(4) Where a user company intends to directly employ a worker for a job for which a temporary agency worker is already being placed, the user company shall endeavor to give priority to employing the temporary agency worker.[This Article Wholly Amended on Apr. 30, 2019]