A/HRC/32/36/Add.2 have played a central role in the events that led to the weakening of the Valeo Local union and the establishment of the Valeo Electrical Systems Union. The firm was also involved in similar activities leading to the weakening of the Korean Metal Workers Union at Yooseong Piston Ring, Deajeon-Chungnam Regional Branch. A parliamentary investigation and public hearing in 2012 recommended that the Ministry of Labour investigate the activities of labour relations consulting companies, including Changjo Consulting. The Government subsequently revoked and cancelled the licence of Changjo Consulting for the provision of labour relations services and the licence of the labour attorney concerned, and instituted criminal proceedings against Changjo Consulting. The Korean Metal Workers Union has instituted cases in court against the firm in relation to its role in promoting unfair labour practices. The right to strike 70. Although the Trade Union and Labour Relations Adjustment Act provides for collective action, including strikes, in practice the ability to exercise that right is severely constrained. As previously mentioned, teachers unions and public officials are prohibited from engaging in industrial action. In addition, actions that stop, discontinue or obstruct the proper maintenance and operation of “minimum services” are not considered legitimate (article 42-2 of the Act). “Minimum services” in the law are subject to determination by agreement of the parties, or alternatively by the Labour Relations Committee. 71. By contrast, ILO recognizes that workers providing “essential services”, defined as “only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population”, may be prohibited from engaging in strike action. That is a restricted category of workers. However, according to ILO, States may prescribe a level of “minimum services” in relation to public utilities that should be maintained in case of a strike.9 The Act falls short of those standards by banning outright a potentially discretionary range of services that may not constitute “essential services” as strictly defined by ILO. 72. Participating in strikes deemed to be illegal may result in criminal and/or civil liability against organizers and participants. The de facto discretion and power given to the authorities to declare a strike legal or illegal is problematic, as it typically belongs to a judicial authority to exercise such oversight. Regardless of the peaceful nature of a strike, employers can sue unions and their members for substantial damages arising from allegedly illegal strikes. Together with the provisional seizure of union assets and union members’ salaries and wages, that effectively results in a chilling of trade union activity and a weakening of the unions. For example, in 2013-2014, the Korean Railway Workers Union went on strike. Of the seven union leaders who were arrested, four were indicted for “obstruction of business” (article 314 of the Criminal Act) but acquitted. Nevertheless, Korean Railways has sued the union for damages of 16.2 billion won. 73. Industrial action, particularly strike action, is by its nature designed to interrupt the normal operations of a business or employer in order to press for certain interests; it is inherently disruptive. Strikes should thus be adopted with a great deal of circumspection, but that does not mean they can be arbitrarily suppressed. Criminal and civil liability for loss of revenue or other damages arising from work stoppages negates the very core of the right to strike. 9 ILO, “General Survey of the Reports on the Freedom of Association and the Right to Organize Convention (No. 87), 1948 and the Right to Organize and Collective Bargaining Convention (No. 98), 1949 (Geneva, 1994), para. 161. ILO defines a “minimum service” as one “which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear”. 15