Life in Tokyo as a lawyer
Page 137
But another meal before the death of the deceased, the situation is different, it is not the kind of entertainment we think. "
"Is the situation any different?"
Hearing this, Sogo Tokiwa turned his head and looked at Tsunayoshi Mitsui next to him, wanting to see what the other party had to say.
Tsuna Mitsui squinted his eyes and said with a smile: "Most of the entertainment will happen to office workers, and it is rare for this kind of factory to have entertainment between superiors and subordinates.
According to me, the production factory of the other party does not have this kind of behavior of socializing, and the behavior of employees going to izakaya collectively is very rare.
So at that time, the employees should have something worth celebrating, and they went to the izakaya to gather together. Such a scene should not be regarded as the so-called entertainment of office workers after get off work, but should be a private gathering among employees.
The kind of overtime entertainment that Mr. Nakata mentioned should be continuous and often happen. This kind of occasional dinner should not be counted in it. "
In fact, that day was a long-lost day without overtime work. The deceased wanted to get off work early and go back to accompany his wife, but was dragged to a party by his colleagues. After all, he had worked overtime for several months and finally stopped for a day. Everyone wanted to relax.
But no one knew that after the party, the dead man who rode his motorcycle home reached his limit and died in a car accident.
At this time, Imiya Jingyi raised his hand and said: "But according to the plaintiff, that is, the wife of the deceased, the deceased returned home very late every day. If there was no such entertainment, he must have worked overtime every night." ?
Otherwise, there is no way to explain the reason why the deceased left early and returned late every day. If it was overtime, it could also explain the reason for the high output of the cake factory. "
Takenaka Kenlei said with some disdain: "If you don't go home, is it working overtime? Maybe you went to some red-light district! Mess around outside and trick your wife into working overtime.
In the end, after his death, his wife really thought that he had gone to work overtime. The company didn't pay overtime pay, but instead claimed compensation from the company. It's really pitiful. "
Ishiguro looked at the bully of the dead and couldn't speak, and Takenaka Ken, who kept pouring dirty water on the other person, said a bit annoyed: "Please have basic respect for the dead, and don't slander the other party casually."
At this time, Heidao Shahe suddenly smiled sullenly and said: "If you talk bad things about the dead, maybe the other party will come to you at night. Remember to monitor the room."
It didn't matter to Takenaka Kenle at first when he heard something about respect, but when he heard something knocking on the door at night, he couldn't help feeling a little bit guilty. After all, there are still a lot of urban legends like Tokyo ghost stories.
Takenaka Ken couldn't help but think of a few urban legends he had heard, and felt a bit cold on the back of his neck.
Keiichi Imaya raised his hand at this time and said: "There is really no way to determine the situation of working overtime now, and it is also difficult for everyone to determine whether the other party's dinner that night is a deviation from the route.
Then let's look at other people's opinions first, Mr. Murata and Ms. Tsuchiya, Mr. Murata, do you have any opinions? "
Hearing this, everyone turned their heads to look at Akira Murata, who had been silent since the meeting.
The other party was wearing black clothes and black trousers, and even put the hood on his head indoors, as if he wanted to hide in the darkness.
From the beginning to the end, no matter whether there was a peaceful discussion or a violent conflict on the field, the other party kept silent, as if they were staying out of the matter, as if this matter had nothing to do with him at all.
Akira Murata, who lowered his head, seemed to be able to feel that everyone was looking at him: "It doesn't make any sense, everyone is dead, it's completely meaningless."
"Ugh?"
When Imiya heard this, he tilted his head in embarrassment. Everyone was discussing the specific issue of compensation, so why did the other party directly say that it was meaningless.
If you say this, everyone present will be very embarrassed.
Ishiguro looked at Akira Murata, who was covered in the word world-weary, and couldn't help but said: "It must be meaningful. Although the person has passed away, his fairness still needs to be recovered, otherwise we don't need it." These people are sitting here.
These judgments are to prevent such things from happening again in the future, and even if they happen, there are laws to follow.
We cannot give up the pursuit of justice just because of the loss of a life, but should make us more determined. "
Hearing this, Akira Murata raised his head and glanced at Ishiguro, his eyes were empty, without any emotion.
Akira Murata just glanced at it, didn't speak, and lowered his head again, closing his eyes as if he was asleep, as if he didn't want to argue, let alone express his opinion.
Ken Takenaka seemed to have seen some opportunity at this time: "If the other party doesn't want to say, then it should be regarded as abstention? Then it should be considered as a pass with nine votes just now?!"
The female college student Kuroshima looked at Takenaka Takenaka who was full of fat and said speechlessly: "Uncle, did you take advantage of others? You care so much about the voting results."
When Takenaka heard this, he immediately explained: "I just don't want to waste time! It's a very simple matter, but it took so long, and everyone voted for no compensation. This matter will be over soon. , but there are a few people who are wasting everyone's time and causing trouble for everyone."
Nakata said with some disdain: "Tch, you are running a company anyway, so you have to have some common sense. Even if he abstained, it would be eight votes in favor, three votes against, and one abstention. When does abstention become consent?" .
Do you think this is the Blue Star Council?Abstaining from voting means agreeing by default. Do you need another veto right for you?You've been wasting everyone's time during the discussion, right? "
Imiya Keichi hurriedly changed the topic to Tsuchiya Lily, for fear that several people would start arguing again: "Miss Tsuchiya, you are the last one, do you have any different opinions?"
"Yes, the reason for my current objection is very simple, because from the current point of view, there is no complete substantive evidence.
Although the inference of the plaintiff's lawyer is very reasonable, there must be a problem in the other party's factory, but it is not 100% sure that it is the problem of overtime.
After all, there is no doubt, we have no choice but to be 100% sure that the other party's employees worked overtime.
To put it simply, more evidence is needed to prove it. The current evidence makes me very suspicious, but I just keep my doubts, and there is no way to further confirm it. "
Having said that, Tsuchiya Yuri also sighed helplessly.
She also understands the difficulty of obtaining evidence on this kind of matter. The factory can also use various reasons to refuse other people to enter the investigation, and there is no right to compel investigation in civil cases, so there are various restrictions on obtaining evidence.
Unless a large number of employees testify in court, it is difficult to produce conclusive evidence.
However, individual employees seldom try to be the leader. Even if there is a sense of sadness, more people will sweep the snow in front of the door, and don't care about others.
Unless there is a large-scale collective resistance of employees, more people will stand up.
But this kind of situation is too rare. Only when the employees are oppressed to the point of despair, like a dynamite, will they be ignited with another fuse.
But the bosses of these companies will be very smart to use some illusory benefits, commonly known as drawing big cakes, to comfort employees and make them feel that their future is still hopeful. At this time, employees often choose to suffer in silence.
After all, I always feel that there is still a big cake waiting for me in the future. It doesn't matter if I am a little bit bitter and tired now.
After all, resistance often requires a lot of cost, and it is difficult for individuals to bear this cost. In many cases, people would rather suffer a little loss than resist more.
And many factories and businessmen will also try their best to increase the cost of people's resistance and minimize the number of people who resist.
Let people feel that my resistance may not be successful, and I may even suffer a greater loss because of my resistance. If I do not resist, I will suffer a smaller loss. If I compare this way, if I do not resist, I will make money.
When Takenaka heard this, he quickly chimed in and said, "That's right, that's right, in court, evidence is used, what's the use of deduction? Evidence is the most important thing!"
"Civil cases often talk about reasonable inferences, like when you find out that your wife spent the night in the same hotel room as another man.
Surveillance can't capture what they are doing in the room, but at this time, they can infer what they are doing through reasonable deduction?Otherwise, they can also say that they are playing Kara Pai.
A man and a woman are playing card games in a hotel at night, can you believe it? "
Having said that, Tokiwa Sogo smiled and turned to ask Mitsui Tsunayoshi next to him.
"I don't believe that any serious person would play Kapai in a hotel."
"Can a man and a woman playing karaoke cards in a hotel be a decent person?"
"Ha ha ha ha ha ha ha ha."
Inexplicably, there was a little virtual green hat on his head, and Takenaka Xian immediately couldn't sit still: "Why are you laughing?! You are making a personal attack, let me tell you!"
Seeing the angry Takenaka Ken, Tokiwa Shogo smiled and waved: "Mr. Takenaka, don't be so anxious, I'm just giving an example.
You see, you don't believe it either.Therefore, in civil cases, reasonable inferences are often adopted, and 100% solid evidence is not necessarily required. "
Although the ass determines the head, what the other party said is so true that it is disgusting. Now seeing the other party's incompetence and fury, I am quite happy.
Tokiwa Shogo said that he absolutely did not mean to ridicule the other party: "I just want to explain a little bit. Although there is no clear evidence for some things, everyone can judge it with common sense, and naturally we can make reasonable inferences."
"Heh, even if it's like this, the other party's evidence can't fully prove it."
Ishiguro raised his hand at this time and said: "So the two key points now are that the company's president asked the factory director to deliver cakes to him, which should be considered work.
Instead, he replaced the director of the factory to deliver it. In this case, it should also be considered a job. "
When Takenaka heard this, he immediately retorted: "Is it considered work if your boss asks you to buy a glass of water? You can refuse such a thing."
"Although it is possible to refuse, but because of the relationship between superiors and subordinates, there is no way to refuse this kind of thing, so it should be regarded as work."
"I don't think it should be counted. After all, this is a personal form of help, just like you help your boss deliver a courier. This can only be regarded as personal help."
The debate on this topic immediately started to debate again. Some people think that delivering cakes to the boss is a job, some people think it is not a job at all, and some people think that if the boss asks the factory manager to deliver cakes, it is the job of the factory manager. But the deceased was helping to send it in his personal capacity, so it was not considered a job.
While everyone was arguing, the door suddenly opened, and a staff member walked in and said, "The plaintiff has new evidence to submit."
235. Hatred Will Continue
"New evidence?"
"Yes."
The staff member nodded when he heard this, took out a USB flash drive from his pocket and inserted it into the TV in the conference room. After a few random operations, the TV in the conference room started playing.
After the video started to play, everyone's attention was focused on the TV. The content on the video was very simple, it was the picture of the gate of the Happy Cake Factory.
The video is edited, and the playback speed is very fast. According to the change of the weather, it takes less than 5 minutes to pass in a day. This video is less than 15 minutes in total, and the staff still plays it at double speed. Soon this video will be over. It's over.
After watching it, many people probably understood the meaning of this video, but some people didn't know why, their eyes were blank, and they felt like they watched the change of day and night for a few minutes.
"What do you mean? What kind of evidence is this? Do you make a documentary? This kind of thing has no technical content, right? No one will watch it as a documentary, right?"
After watching the video, Takenaka asked in a daze, the last time he saw this kind of video was when he graduated from junior high school, someone used a video camera to capture the changes in the playground.
But people are taking photos of the four seasons of the year, and the changes in the playground in the four seasons seem quite shocking.
But what's the use of your thing?In addition to the better visual effect, is there any information that is not enough?
No, even the visual effects are nothing, it looks completely like a random shot, the angle is not very good, and there is no aesthetic feeling at all.
"I probably understand."
The college student Nakata Kyoji nodded, and said with a face of understanding, indicating that he had discovered the truth.
Takenaka Kenro said with some displeasure: "What do you know?"
Do you think you are the President of the United States?Know everything.
Tsuchiya Yuri said at this time: "It's easy to see that this is the picture taken at the entrance of the Happy Cake Factory."
Hearing this, Takenaka Kenro said a little speechlessly: "Nonsense, I can see it too, what's the use of taking pictures of this gate?
In the past, the video shooters in our school still took pictures of the four seasons of the year, but his pictures made no difference, he only saw day and night. "
I am not blind, of course I can tell that this is the gate of the factory. You are asking about this thing, why is it used as evidence?
As a result, one or two of these guys didn't say anything, and one or two of these guys were playing dumb fans here.
At this time, Mitsui said with a smile: "It's very simple, there is time in the upper left corner of the video just now, and you can clearly see the state of the factory gate at various time periods during the few days when the video was shot.
To put it simply, workers come in and out through the gate when they go to and from work, and the time they work can be known from the time the workers enter and leave.
This video was shot for three days. The information we can get from the above is that at about 12 o'clock in the morning, the workers entered the factory one after another to work, and it was not until nearly [-] o'clock in the evening that the workers came out of the factory one after another.
During this period, I probably worked for nearly 17 hours, far exceeding the overtime hours stipulated in the labor law, so there is definitely overtime in this factory.
Therefore, the result of the evidence is obvious. According to reasonable logical inferences, Happiness Cake Company does have overtime behavior, which can be confirmed. "
"So, the president of the factory lied, and the factory does have a large degree of overtime.
If there is overtime behavior, it can also explain that because of the long overtime work, the deceased could not accept the suggestion of hospitalization and had no time to go to the hospital for medical treatment, which to a certain extent led to the occurrence of the subsequent accident.
From this point alone, the company should bear certain responsibility for the death of the deceased. "
Speaking of this, Tokiwa Sogo couldn't help but sighed. I had read a story before, saying that a father took his child to see his mother on a ship, and a knife was inserted into the heart because of the shaking of the ship.
Normally speaking, if a knife is inserted into the heart, one will die on the spot.
But in the next few days on the ship, the father took care of the child like a normal person, until the ship landed and the child was delivered to the mother, the father fell to the ground suddenly, his chest red with blood.
This story is to show that people's willpower is so strong that they can even overcome death, and it also shows the greatness of fatherly love.
But because the writing is too exaggerated, even Sogo Tokiwa knew it was purely made up when he was a child. After all, this kind of thing has surpassed human common sense, and children would not believe it.
But what kind of toilet water can be drunk, elementary school students carry a load of [-] kilometers, Tokiwa Sogo really believed it when he was a child...
After all, it's kind of like that... and I didn't know the physical limit of the human body when I was a child.
But Tokiwa Shogo didn't expect a similar thing to happen to him. When the deceased had a car accident for the first time, he injured the vertebral artery. After that, there was only a piece of skin attached to his neck.
But in this way, as the father, the other party has been working overtime for more than a month, and finally the artery ruptured, causing subarachnoid hemorrhage while driving, and finally had an accident.
The greatness in the world seems to need to be set off by sadness, and it seems that only enough tragedies can set off enough greatness.
But people feel sad and feel that greatness should not be accompanied by sadness.
"It's just time for the workers to leave, maybe the workers..."
Nakata looked at Takenaka Ken who was still defending the defendant factory and said a little speechlessly: "This year, the first thing we students do after class is to rush out of the classroom. Will there be any workers who will stay in the factory after work?
Everyone is not a fool, please don't say such words that no one would believe, okay? "
By now, at least the truth about overtime work is obvious, and the other factory definitely has forced overtime.
In the footage of three consecutive days, the staff are working overtime, so we can’t argue that the company has only worked overtime for these three days, right?
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