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(영문) 서울중앙지방법원 2015.11.20 2014가합516333
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From July 2012, Plaintiff A and B worked as Plaintiff C from February 2012, Plaintiff C, and Plaintiff D from February 201 to the police hospital affiliated with the Defendant’s National Police Agency (hereinafter “Defendant hospital”) respectively, as E major (referring to an intern and art to undergo training in a hospital, etc. to obtain a medical specialist’s license, and all the Plaintiffs are in the process of art).

As prescribed by the Medical Service Act, medical residents in the defendant hospital work in their circulation for the internship period of one year, such as internal medicine, internal medicine, and Japanese medicine, and training the practical skill of clinical subjects, and after completing the training of one of the specialized subjects for a period of four years, they acquire qualifications through a prescribed test.

B. Majors worked in the relevant department in accordance with the aforementioned training schedule during a regular working hour, while additional watchkeepings were assigned according to each department.

The Defendant hospital calculated and paid the “over-time allowance” and “over-time allowance” each month in accordance with the Regulations on Allowances, etc. for Public Officials, in addition to paying monthly allowances to medical residents during the training period, in addition to the “basic pay”, “medical allowances”, and “alternative medical compensation” as remuneration for additional work due to the performance of duty.

(However, as the number of medical experts increases in normal training years, the frequency of watchkeeping has decreased in proportion thereto, and the amount of six months out of the last five-months of the previous service year is exempted from previous service, such as medical services, and they are administered in preparation for the qualifying examination for medical specialists, regardless of these circumstances, the same level of benefits has been paid during the pertinent period.

The parts related to this case in the relevant Acts and subordinate statutes are as follows:

▣ 의료법 제77조(전문의) ① 의사치과의사 또는 한의사로서 전문의가 되려는 자는 대통령령으로 정하는 수련을 거쳐 보건복지부장관에게 자격 인정을 받아야 한다....

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