A/HRC/32/36/Add.5 requirements. This is in conformity with both the principle of minimum infringement and the principle of the balance of legal interests. It was also confirmed by the Constitutional Court. 21. Para 60: For people in special forms of work, it is unreasonable to uniformly apply labor laws which are based on ‘superior or supervisor – subordinate relations.’ This is because there is no clear criterion to distinguish them from the self-employed, and many of those in special forms of work do not have employment contracts but civil law contracts. In this regard, the court decides whether people in special forms of work are subject to labor laws after fully taking into account ‘superior or supervisor – subordinate relations,’ by considering whether they are under direction or supervision of their contractors and whether they were paid for their service. In case that people in special forms of work are not considered as subordinate to their contractors, it is difficult to recognize the validity of collective agreement between those in special forms of work and their contractors. However, those in special forms of work have the right to freedom of association to represent their interests, through which they can make requests to their contractors. These organizations may freely operate without any intervention from the Government. 22. Para 66: The Supreme Court’s decision was made on the grounds that the VESK Union is an autonomous union, regardless of the management’s support for the union. In this regard, contrary to the concerns of SR, the ruling of the Supreme Court will not have an effect to encourage the formation of unions sponsored by the management. The right to strike 23. Para 71: In response to the criticism that the arbitration by the authority in essential public services was an excessive restriction on the right to strike, a tripartite agreement was reached in September 2006 to abolish the arbitration by the authority in essential publicservice businesses and to introduce the term ‘minimum services to be maintained.’ The term refers to essential public services such as railway and aviation, which could seriously endanger the lives, health, physical safety or daily activities of the public, if suspended or discontinued. This is to ensure the proper maintenance and operation of a minimum level of services during a period of industrial action. The TULRAA was revised to reflect the agreement and the relevant recommendations of the ILO and others that the arbitration system runs counter to the freedom of association. 24. Criteria for minimum services to be maintained is set based on their influence on people’s daily activities. This is far from an excessive restriction in light of the ILO’s view of recognizing restriction on the right to strike as legitimate for services whose suspension might threaten people’s normal living conditions. 25. Para 73: Collective bargaining or industrial action which does not violate the TULRAA is not subject to criminal or civil liability. Accordingly, unions do not bear criminal or civil liability unless they are engaged in illegal activities. In particular, civil liability of unions is not decided upon the employer’s claim but by a ruling of the court. The obstruction of business is established only when a strike is deemed to suppress free will of an employer to continue his or her business, as in the case of an unforeseeable and abrupt strike incurring significant damage or tremendous disorder to business operations. Therefore, it is inappropriate to assume that imposing civil or criminal liability on illegal activities undermines the freedom of association. 5