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No. 2 of the Eight Model Cases Issued by the Supreme People's Court: People v. Fu Dehong, for Refusal to Pay Wages
最高人民法院发布的八起典型案例之二:付德红拒不支付劳动报酬案
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No. 2 of the Eight Model Cases Issued by the Supreme People's Court: People v. Fu Dehong, for Refusal to Pay Wages
最高人民法院发布的八起典型案例之二:付德红拒不支付劳动报酬案
[Key Terms]
malicious default on labor remuneration payment ; a relatively large amount ; refusal to pay labor remuneration after being ordered to pay ; crime of refusal to pay labor remuneration
[核心术语]
恶意欠薪;数额较大;责令支付仍不支付;拒不支付劳动报酬罪
[Disputed Issues]
Where an actor defaults in payment of a relatively large amount of labor remuneration maliciously and refuses to pay the remuneration after being ordered by the relevant department to pay, does his act constitute a crime?
[争议焦点]
行为人恶意欠薪,数额较大,且经有关部门责令支付仍不支付的,是否可以构成犯罪?
[Case Summary]
If an actor defaults on labor remuneration payment maliciously he shall be required to fulfill his obligations of paying labor remuneration and if the circumstances are serious shall be subject to criminal liability. According to paragraph 2 of Article 276 of the Criminal Law whoever evades payment of a relatively large amount of labor remunerations by transferring property or escaping and hiding or refuses to pay a relatively large amount of labor remunerations though capable...
[案例要旨]
行为人恶意欠薪除了应当要求其履行支付劳动报酬的义务之外情节严重的还应当追究其刑事责任。根据《刑法》第二百七十六条第二款的规定以转移财产、逃匿等方法逃避支付劳动者的劳动报酬或者有能力支付而不支付劳动者的劳动报酬...
No. 2 of the Eight Model Cases Issued by the Supreme People's Court: 最高人民法院发布的八起典型案例之二:付德红拒不支付劳动报酬案
People v. Fu Dehong, for Refusal to Pay Wages 
1. Basic Facts (一)基本案情
In July 2009, defendant Fu Dehong was running a garments factory in Huzhou City, Zhejiang Province. On November 19, 2011, due to poor management, Fu Dehong took over 10,000 yuan, and escaped to Hefei City, Anhui Province, Zhuzhou City, Hunan Province, etc. so as to evade the usury he had borrowed and to evade payment of employees' wages. The total employees' wages that defendant refused to pay amounted to more than 110,000 yuan, and defendant refused to pay even when the Human Resources and Social Security Bureau of Wuxing District in Huzhou City issued a payment order. On July 27, 2012, Fu Dehong was arrested in Zhuzhou City, Hunan Province. 2009年7月,被告人付德红在浙江省湖州市经营服装厂。2011年11月19日,付德红因经营不善,为逃避高利贷及支付工人工资,携带1万余元潜逃至安徽省合肥市、湖南省株洲市等地藏匿,拒不支付工人工资共计11万余元。后经湖州市吴兴区人力资源和社会保障局责令支付仍不支付。2012年7月27日,付德红在湖南省株洲市被抓获。
2. Judgment (二)裁判结果
After court proceedings, the Wuxing District People's Court of Huzhou City in Zhejiang Province held that Fu Dehong evaded payment of employees' wages by absconding, and the amount was relatively large. The defendant refused to pay even when the relevant government authority ordered him to pay. Such conduct constituted the crime of refusing to pay wages. Fu Dehong truthfully confessed to the facts of the crime after the case was exposed, and pleaded guilty in court, so a lighter sentence may be imposed in accordance with the law. Pursuant to the relevant provisions of the Criminal Law, it was determined that defendant Fu Dehong committed the crime of refusing to pay wages, and was sentenced to imprisonment of one year and six months in addition to a fine of 30,000 yuan. After the judgment was proclaimed, Fu Dehong did not file an appeal and the judgment has come into effect. 浙江省湖州市吴兴区人民法院经审理认为,被告人付德红以逃匿的方式逃避支付工人工资,数额较大,经政府有关部门责令支付仍不支付,其行为已构成拒不支付劳动报酬罪。付德红到案后能如实供述犯罪事实,且能当庭认罪,依法可以从轻处罚。依照刑法有关规定,认定被告人付德红犯拒不支付劳动报酬罪,判处有期徒刑一年六个月,并处罚金人民币三万元。宣判后,付德红未提出上诉,判决已生效。
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