Samsung case in China, Vietnam and South Korea
For justice beyond
borders
Why was a legal action brought against Samsung?
Sherpa reminds that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
Samsung France, a subsidiary of the Korean parent company Samsung Electronics Co Ltd, claimed on its website to contribute to a “better world” and to be a “citizens socially responsible” corporation.
Yet, investigations carried out by the NGO China Labor Watch in 2012 on the working conditions within Samsung factories in China contradict these ethical commitments: exploitation of children under 16, 14-15 hour working days, neglect of employees’ safety, moral pressure and physical abuse, etc.
Following these revelations, Sherpa, ActionAid France and Indecosa-CGT filed a complaint against Samsung France for misleading commercial practices in February 2013. Although the electronic giant was indicted after years of intensive work from Sherpa, this long legal battle ended in March 2022 with a decision from the Court of cassation. The court refused to examine Sherpa and ActionAid’s appeal, thereby confirming the inadmissibility of the action and the cancellation of the indictment.
This case illustrates how non-binding commitments allow multinationals to resort to fairwashing, by taking advantage of ethical declarations, without ever bringing their practices into line with their declarations. In order to prevent human rights violations, these commitments must be binding.
Timeline
Key dates
Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
