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编辑部: 我们在处理一件工伤认定案件中,因为该工人是在喝了酒的情况下操作机器发生了工伤,企业认为该工人属于蓄意违章,不能认定工伤;我们认为是可以认定工伤,因为实际上,人是有个体差异的,该工人没有喝醉,工伤是在工作半小时后发生,表明该工人并不是酗酒。但企业不服劳动行政部门的认定,上诉到法院。双方争论的实质是如何运用自由裁量权问题。请专家对这个问题给予解释。 浙江某市劳动局
Editorial Department: We dealt with a case of injury identified because the worker suffered a work injury while operating his machine while drinking wine. The company considered the worker a deliberate violation of the regulations and could not identify a work-related injury. In our opinion, a work-related injury can be considered because In fact, there are individual differences. The worker is not drunk. The work-related injury happened after half an hour of work, indicating that the worker is not an alcoholic. However, the enterprise refused to accept the determination of the labor administration and appealed to the court. The essence of the arguments between the two parties is how to apply the issue of discretion. Ask experts to explain this issue. Zhejiang City Labor Bureau