1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From October 18, 2010 to September 16, 2014, the Plaintiff served as the head of the fixed outdoor department and the head of the bureau at C Hospital operated by the Defendant (hereinafter “Defendant Hospital”).

B. The contract of employment contract between the plaintiff and the defendant does not exist, and the main contents of the employment rules of the defendant hospital concerning wages are as follows.

Article 50 (Flexible Work Hours System) (1) A hospital may allow its members to work within the limit of 48 hours per week on average of two weeks units, 52 hours per week on average of three months units, and 12 hours per day by a written agreement with the representatives of its members.

In such cases, measures to preserve wages shall be taken to ensure that the existing level of wages is not lowered.

(2) Work hours referred to in paragraph (1) shall be paid in excess of eight hours a day, or forty hours a week averaged during a unit period.

Article 79 (Comprehensive Annual Salary System) (1) If it is possible for a hospital to predict the forms of employment in light of the characteristics of duties of its members and if it is deemed necessary for the performance of duties, it shall apply the comprehensive annual salary including all allowances, such as overtime work allowances, holiday work allowances, night work allowances

(2) The scope of statutory allowances to be paid fixedly by the comprehensive annual salary system shall be governed by individual employment contracts or annual salary contracts.

Article 90 (Items of Wages) (1) Wages to employees shall consist of:

1. Basic annual salaries (basic salaries, position salaries, overtime allowances, and late-time allowances);

2. Allowances (food expenses, vehicle maintenance expenses, bonuses, and other allowances) and (2) Where the working hours under Article 49 exceed the working hours, where the worker has worked at night (22:0-6:00) and where the worker has worked on a holiday, 50% of the hourly ordinary wage, respectively;

Article 93 (Regular Contributions) Bonuses shall be paid in equal installments (1/12) in 300 per month.

C. From October 18, 2010 to May 31, 2012, the Plaintiff: (a) KRW 20 million each month from October 18, 2010 to May 31, 2012; and (b) June 1, 2012.