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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant entrusted the management and operation of the Dong Branch Hospital in Seoul Special Metropolitan City pursuant to Articles 10 through 13 of the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Dong Branch Hospital (hereinafter “Defendant Hospital”). The Plaintiff worked as a major (referring to a man-in-service, an intern, and an art., who received training in order to obtain a specialist’s qualification at a hospital, etc.) from May 1, 2010 to February 28, 2013 at the Defendant Hospital.
B. The major of the Defendant hospital’s hospital’s hospital’s medical residents shall be qualified as a medical specialist after completing the training of one of the specialized subjects during a period of four years (in the case of the family department, the period of service of the field without an internship is three years) after completing the training of one of the specialized subjects during the period of four years, as prescribed by the Medical Service Act, etc.
C. The medical residents of the Defendant Hospital worked in the relevant department in accordance with the above training schedule during the regular work hours, and additionally worked on duty in accordance with the duty schedule for each department. D.
The Defendant hospital paid “basic pay” and “family allowances” as monthly salary during the training period to the Plaintiff. From July 2010 to December 2010, the amount is 2,463,420 won each month ( = basic pay 2,423,420 won) and 2,587,670 won each month from January 201 to December 2011 ( = basic pay 2,547,670 won and KRW 40,000) and 2,684,670 each month from January 201 to March 2012 (=basic pay 2,684,670 won and KRW 40,000).
E. Meanwhile, the Defendant hospital paid the fee on duty under the pretext of preserving the additional work on duty. The amount is KRW 45,000 in the case of the fee on night duty, KRW 50,000 in the case of the fee on night duty, and KRW 90,000 in the case of the duty on night duty, and the Plaintiff from the Defendant hospital.