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(영문) 서울중앙지방법원 2015.11.20 2013가합555249
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. The plaintiffs are those who work as a major in the Defendant’s H-affiliated I Hospital (hereinafter “Defendant Hospital”) (referring to a man-in-service, an intern, and an art., who undergo training in order to obtain a medical specialist’s qualification at a hospital, etc.) and who work as a major in the family department (the plaintiffs are all in the field of Leak), and among them, they are the plaintiffs A, C, D, E, and F major in the internal department, the plaintiff B major in the external department, and the plaintiff G major in the family department.

As prescribed by the Medical Service Act, medical residents in the defendant hospital will be qualified as medical specialists after completing the training of one of the specialized subjects for a period of four years (in the case of the family department, three years of the fixed-term period of service without internship) during the period of four years.

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 provisions of the relevant Acts and subordinate statutes and the defendant hospital concerning this case are as follows:

▣ 의료법 제77조(전문의) ① 의사치과의사...

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