Fictitious confession by the employer’s representative, denial of witness evidence, and the (non-)violation of the right to defense: an analysis of Theme 135 of the Superior Labor Court in light of the Civil Procedure Code and the Consolidated Labor Laws

Abstract

The TST, by establishing Theme 135 in an Incident of Repetitive Appeals, consolidated the understanding that the denial of witness evidence based on the presumption of truth arising from fictitious confession—due to the party’s or its representative’s lack of knowledge regarding the disputed facts during personal testimony—does not constitute a violation of the right to a defense. This study places the theme within the evidentiary framework of the Civil Procedure Code and the CLT, as well as TST Precedent 74, and examines case law from the TST’s 5th and 7th Panels. Finally, it demonstrates why national uniformity became necessary in light of contrary interpretations from TRTs that admitted the hearing of witnesses.