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(영문) 서울중앙지방법원 2021.01.08 2018가합530818
임금
Text

The Defendant: (a) KRW 37,036,159; (b) KRW 74,754,256; and (c) KRW 74,754,256; and each of them, from October 15, 2016 to January 8, 2021.

Reasons

1. Basic facts

A. From March 1, 2014 to September 30, 2016, Plaintiff B came to work as a medical specialist (referring to an intern or art, who takes training at a hospital, etc. to acquire a medical specialist’s license) at the D Hospital operated by the Defendant (hereinafter “Defendant Hospital”), and served as a psychiatrist for February 28, 2015, and from March 1, 2015 to September 30, 2016.

Plaintiff

A from June 1, 2015 to August 31, 2015, at the Defendant Hospital, worked as a general street, and as a psychiatrist from September 1, 2015 to September 30, 2016, respectively.

B. The medical residents belonging to the Defendant Hospital worked in the relevant department in accordance with the training schedule during the regular working hours from 08:00 to 18:00, while the medical residents assigned to the Defendant Hospital additionally worked in accordance with each department.

The working hours on night duty is from 18:00 to 8:00 the following day, and the working hours on Saturdays and holidays (including Sundays) are from 08:00 to 08:00 the following day.

(c)

The defendant paid the plaintiffs the allowance on duty calculated according to the number of watchkeepings every month.

(d)

On June 7, 2017, the Plaintiffs urged the Defendant to perform the obligation to pay additional wages within three years, counting from the above day, and filed the instant lawsuit on November 14, 2017, which was within six months from the above highest date.

▣ 의료법 제 77 조( 전문의) ① 의사 치과의사 또는 한의사로서 전문의가 되려는 자는 대통령령으로 정하는 수련을 거쳐 보건복지 부장관에게 자격 인정을 받아야 한다.

(4) Matters concerning accreditation of medical specialists and specialized medical specialists shall be prescribed by Presidential Decree.

▣ 전문 의의 수련 및 자격 인정 등에 관한 규정( 이하 ‘ 전문의 규정’) 제 1 조( 목적) 이 영은 의료법 제 77조 제 1 항 및 제 4 항에 따라 전문의의 수련, 자격 인정 및 전문과목에 관하여 필요한 사항을 규정함을 목적으로 한다.

Article 10 (Remuneration for Majors of National and Public Hospitals) national training hospitals, or.

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