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(영문) 창원지방법원 통영지원 2018.06.07 2017가합11458

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a medical corporation that operates the D Hospital at the macrosisi (hereinafter “instant hospital”) at the time, and the Defendant is a medical specialist who was in the position of the head of the division of the Plaintiff’s Type 2 outside of the prison.

B. On February 10, 2014, the Plaintiff entered into an employment contract between the Plaintiff and the Defendant and the Plaintiff’s provision on the Plaintiff’s medical service, and the Plaintiff entered into an employment contract with the Defendant, the main text thereof.

Details as follows:

C. The Plaintiff (hereinafter “employer”) and the Defendant (hereinafter “worker”) shall conclude the following labor contracts in accordance with the principle of good faith:

Article 1 (Period of Contract) The term of this Agreement shall be from February 10, 2014 to February 9, 2015.

Article 6 (Duties in Charge, Hours of Work and Leave)

(a) Work of workers shall be performed in good faith as a hospital of the business owner and a doctor, and shall be actively involved in the business management policy of the business owner;

(b) The working hours and vacations of workers shall be governed by the regulations related to occupational duties determined by the employer, and matters not prescribed by the relevant regulations shall apply mutatis mutandis to the employers;

Article 8 (Relation to Medical Malpractice) Where an employer assumes responsibility as an employer for a loss incurred to a third party due to the intention or gross negligence of a worker, any worker shall compensate the employer for the loss.

Provided, That in the event of a problem caused by a lawful act of the worker's best, the business owner shall protect the worker as much as possible, and the business owner shall not demand monetary damages to the worker.

2) The Plaintiff prepared “the Regulations on the Work of Medical Doctors” to provide for matters necessary for the work of the doctors working at the instant hospital, and the provisions pertaining to the instant case are as follows. Article 8 (Medical Dispute Members shall make maximum efforts to protect the intent of medical disputes and all possible countermeasures.