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No. 2 of the Eight Model Cases Issued by the Supreme People's Court
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No. 2 of the Eight Model Cases Issued by the Supreme People's Court
(case of Fu Dehong's refusal to pay labor remuneration)
[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
[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?
[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...

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