A/HRC/32/36/Add.2 63. The Special Rapporteur had occasion to meet with members of the Korean Metalworkers Union Valeo Local who have been engaged in a protracted struggle with Valeo Electrical Systems Korea. The local management of the company declined to meet the Special Rapporteur during his visit. However, it did send high-level representatives to meet him in May 2016. 64. According to the interlocutors who briefed the Special Rapporteur, in 2009 through a number of actions the company began to contravene a collective bargaining agreement in place at the time. The union decided to engage in strike action in February 2010. The company responded with a lockout of union members and prevented officials from accessing their union office on the company’s premises. By June 2010, a new union, unaffiliated to Valeo Local, had been established. The creation of that union was allegedly a result of undue pressure on employees to leave the Valeo Local union. It was also claimed that in the course of those events, between March and May 2010, the company engaged a labour relations consulting firm, which allegedly provided advice on how to weaken the independent trade union. 65. The Valeo Local union challenged the establishment of the new union and its unaffiliated status in court. The Seoul District Court nullified the assembly that formed the union, a decision upheld by the Seoul High Court. On appeal by the newly established union, the Supreme Court reversed the decision of the High Court. It held that a branch of an industrial union should be able to change its organizational form if it carried out activities as an independent organization with independent regulations and an executive body, even if it was not necessarily incorporated or able to engage in collective bargaining. 66. The Special Rapporteur is particularly struck by the events that led up to the formation of the new union, in particular, the strike action by Valeo Local, the concerns of workers about losing their jobs and, as the Valeo Local representatives stated, management support for the formation of the new union and their case in the Supreme Court. He is concerned that the Supreme Court decision may be used by employers to interfere with union independence by encouraging the formation of management-supported unions. 67. Labour groups have also accused the Samsung Group of having a “no union” management policy. They allege that Samsung repeatedly undermines employee unions through various means, including surveillance, threats and undue pressure on members, disguised subcontracting to avoid certain employer responsibilities and dismissal of members, among other tactics. In a meeting with the Special Rapporteur, Samsung officials denied those claims, stating that the choice to establish and join unions was solely that of employees. The Special Rapporteur cannot confirm or refute any of the claims against or for Samsung. He believes, nevertheless, that given the size, standing and reputation of Samsung in the country, the corporation could take a leadership role in promoting the right to freedom of association for employees and at the same time project a positive image as a corporation that cares about human rights. The Special Rapporteur notes similar complaints of attempts by Munwha Broadcasting Corporation to weaken unions by firing union leaders and workers following strike action and assigning union leaders demeaning jobs to demoralize them. 68. Article 8 of the International Covenant on Economic Social and Cultural Rights requires States to ensure the right of everyone to form and join trade unions of their choice. That implies a positive obligation to take measures. As such, the Special Rapporteur stresses that the Government should not, as the Ministry of Labour has done, adopt a neutral stance in relation to the formation and operation of trade unions. Any measures adopted should, however, ensure the independence and autonomy of trade unions. 69. Employers allegedly use labour relations consultancy firms to obtain advice that facilitates the erosion of trade union rights. The firm Changjo Consulting was alleged to 14