전공의의 법적지위와 쟁점에 관한 고찰－ 대상판결: 대전고등법원 2014.11.26. 선고 2013나11186 판결, 서울북부지방법원 2015.9.10. 선고 2014가합23014 판결을 중심으로 －

Since it has been adjudged continuously about the Special Act on the medical residents, the legal status as the medical resident and overtime pay, social concerns toward the medical resident has been heightened. Based on this atmosphere, this study reviews the major issues about the legal status as a medical resident and overtime pay with Konyang University Hospital adjudication(Dajeon High Court 2014.11.26 adjudgment 2013 NA 11186) which adjudged to give overtime pay for the medical residents at the very first, and Samyook Medical Center adjudication(Seoul Northern District Court 2015.9.10. adjudgment 2014 GA 23014). According to the relative regulations and judicial precedents, medical residents have status both as trainee and workers. Basically in principle, medical residents are seemed to be trainees for the purpose of securing the high quality of medical treatment and to acquire a certificate of medical specialist. Exceptionally, it grants them the status of laborer when subordinate relationship with the training hospital, explicitly. Thus, medical residents can be subjected to the Labor Standards Act under the subordinate relationship with the training hospital and under judicially subjected business. It, however, requires the purpose of training to apply the specific regulations of the Labor Standards Act. Based on this perspective, it critically analyzes and evaluate adjudication ①, ② and it strives to make a remark on the direction of the Special Act on medical residents. Henceforth, it expects more reasonable discussions about medical resident system under the purpose of training better quality of labor force in the medical field.