KTX 승무업무는 도급이 가능한 업무인가?

Seoul High Court recently judged Korea Railway, an operator of the KTX had not established employment relationship but also dispatched relationship with the KTX female attendants. It seems contradictory judgement unlike the existing ruling with respect to similar matters. The decision is based on that the work of the KTX female attendants can be divided into safety services and passenger services performed independently each other. In the respect of KTX female attendants serve in a coach, however, it is difficult to spilt their duties. Moreover, the judgements presented weak grounds and only the extremely superficial indicators to prove the contractor(Korail Retails)'s management and personnel independent from Korea Railway, which such ruling is difficult to agree. Rather implied employment relationship established in the jurisprudence of the Supreme Court, it would be reasonable to admit the establishment of a direct working relationship between the KTX female attendants and Korea Railway.