The judgment below is reversed and the case is remanded to Seoul High Court.

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

1. In order for a third party to be employed by the plaintiff employer to be a third party's workplace and perform the third party's duties, the existence of the plaintiff's employer is merely that of the third party's labor agency by lacking identity or independence as the business owner. In fact, the relevant employee is in a subordinate relationship with the third party, and the party who actually pays wages is the third party and the third party is also the party who provides labor. Thus, the relationship of implied labor contract between the relevant employee and the third party should be deemed to have been established.

(2) On July 22, 2010, the lower court recognized the facts of the judgment by comprehensively taking account of the adopted evidence, and for the following reasons, there is the appearance of the same that the Red-Is Association (hereinafter referred to as the “red Red-Is Association”) or the Korea Railroad Distribution Co., Ltd. (hereinafter referred to as the “railroad Distribution”) formally changed to the name of the incorporated foundation, or the Korea Railroad Distribution Co., Ltd. (hereinafter referred to as the “railroad Distribution”) provided the KTX passenger services using its affiliated KTX crew members in accordance with each consignment agreement concluded with the Defendant.

Even if it is reasonable to view that the defendant merely performed a function as a business department or a labor agency for the defendant's side without having to have the identity of the work performance or the independence of the business operation, and rather, the defendant provided labor in a subordinate relationship with the plaintiffs who are the crew members of the KTX and provided all kinds of working conditions. Therefore, it was determined that an implied labor contract relationship was established between the plaintiffs and the defendant.

According to each consignment agreement, KTX female crew is performing very wide range of duties related to the passenger transport of KTX.