The Countering Reference to the False Report Regarding Kum Kang San

[Counting materials about the false report of the other press regarding

about the labor law suit against Kum Kang San]

The article relating Kum Kang San lawsuit covered by the other press is the false

report consisted with the contents that bear misunderstanding and dispute due

mainly they are one-sided insistences made by the employees who brought the

suit. So this is purposed to let the truth to be known that we construct the truth

relevant to the issue and the parts that bear misunderstanding and dispute.

1. About the representative’s remark at the waiter/waitress/faculty

meeting At the 28 waiter/waitress/faculty

meeting, there was a claim that the representative made a threat about

employment. But it was untrue. According to the other employees’

testimonies who attended the meeting, there was no conversation made

about the employment at the meeting. Other employees are able to

testify to confirm it.

2. About overtime work

Each team of Kum Kang San is consisted in 3 employees. Those 3

employees cover 1 day of its operation. One set holds 7 weeks. If we

calculated the total working hours of one set, each employee works 40-45

hours a week. So it is run with the proper working hour for the

employees. If there was overtime worked, that will be paid.

- Catering trip to other areas: Due to transporting time, the total hours

could become more than 10 hours, the operating real event, however,

takes 8 hours, but it is paid more than regular hour wage.

- Transporting Laundry: In the employees’ work duties who work at the

banquet hall, there is 1-2 times of delivery of the banquet hall laundry

to the washing place (representative’s house)and pick ups after its

washing. Those workings are performed during the working hours and

paid. It is paid that way to the employees now.

- Mowing Lawn: The employee did not mow the lawn (grass). Lawn

maintenance is under the care of another individual. The employee

only helped in the vegetable garden in the representative’s house (8 x

8 sq feet). When the employee delivered the laundry, the worker in the

vegetable garden asked for help; and, the employee (who was

delivering laundry) complied. Their help was compensated along with

their normal wages.

- Snow Plowing and Help with Moving: The driveway (8 x 10 sq feet) of

the representative’s house was cleared by the employee (who was

delivering the laundry) after the snow fall. The drive way was cleared

so they could make the delivery. The employee cleared the snow

without instruction from the representative. Help with moving was

during their normal working hours, although optional when asked to

help with moving things into the car they agreed, they were all paid

for normal working hours.

3. Attending the Church Worships

The majority of about 250 employees attend the church. They have

difficulty attending church due their busy weekend work schedule. So

they requested the company to provide the church worship at the

company as a ‘church worship at work’ (currently it’s closed). It’s one of

the company welfare. We recommended employees to attend but never

force them to do. Moreover, most employees didn’t attend it. Also, there

are many employees (working now) who didn’t attend ever since it’s

opening to closure. So there is no way to get disadvantaged on not

attending worships.

4. Company Picnic

There were 2 company picnic occasions at the farm in New Jersey during

21years of company’s establishment. The company picnic in holidays is

the company welfare service that could be either preferred or not

preferred by employees. About attending employees’ working related to

the produce, we acknowledge that it’s the company’s mistake. But it’s

not true that there was forceful requirement of working. We indicate our

regret on this claim.

5. About the Labor Lawsuit against Kum Kang San in the Past

Alleging that the company had a judgment of $2million fine on the

lawsuit in 2009 is not true. That case is still pending now and the

company submitted the proper proof documents so that the case is

proceeded favorably to the company. It’s sill in the progress. So allegedly

saying that the company paid the penalty after the judgment is not true.

Also in the 2005 lawsuit, we paid $100,000, but it’s the settlement

money, not the fine.

6. About Managing Time Card

It’s impossible to manipulate and manage the time card that each

employee performs punching personally. Also it’s absolutely illegal to

forge the working hours in the past. Not only it’s impossible to forge

about 250 employees’ time cards in all but also it’s actually impossible to

operate the large size restaurant with ordering someone to commit this

kind of illegal activity.

7. Miscellaneous

The three persons below who provided the false information regarding

Kum Kang San are existing employees and have personal backgrounds

like below. And it is gone public.

- Tae Ho Kim (Joined the company in October 1998, resigned in 2012)

When he was trying to join the company, he wasn’t fit into the

recruitment’s terms. But he was hired by the request from someone

we’ve known. He and his family obtained the green cards through his

employment at Kum Kang San. He received a lot of employee’s welfare

benefits including 2 times of child scholarship. He requested his wife’s

sister’s husband working at Kum Kang San and they obtained the

green cards here. Also he requested his younger brother to work. We

hired him and assigned him to work at Kum Kang San in Manhattan.

But he was kicked out by other employees due he embezzled money

in the tip box. Although the representative, Mr.Yoo cared and treated

him like a family member, he brought a lawsuit and made false

witness. Mr.Yoo is heart-broken personally.

- Chul Gon Park (joined in July, 2007, resigned in October, 2012)

After he joined Kum Kang San, he met other employee and married

her. He obtained the green card. He worked as the catering manager

in Kum Kang San banquet hall and received incentive in addition to

salary. He embezzled the deposit money from the clients’ banquet

reservation more than 10 times ($34,800), but he didn’t receive any

criminal punishment when he was caught due to Mr. Yu’s favor. The

representative considered his young age and future. A written pledge

to return the deposit embezzled was made. After he returned it, he

continued his working.

- Jong Hyup Song (Joined in February, 2009, resigned in November,

2012, he went back to Korea and returned to US, and joined again in

2013)

- He entered to USA as a student abroad and started working part-time

and full time. He went back to Korea and found a job there. He met

Mr.Yoo while he was visiting US and honestly asked to work only 3

months temporarily for his traveling expense. His request was

accepted. But he joined the lawsuit during his 3 months employment.

He testified about the matter he wasn’t familiar with due his

employment wasn’t consistent in a long period.

Therefore, when we see these 3 workers’ personal and working

histories, the report they provided to other press and their testimonials

are not trustworthy.

About the lawsuit these 3 persons brought and the press article, Kum

Kang San severely expresses regret and it’s one-sided online article

that carries on one side’s insistence while the suit progress is in

motion is unfair. So we prepare a written counter document and these

3 former employees’ personal working histories.

Below is the signed document made by Chul Gon Park

Payment Memorandum

Amount of Misusing Public Fund relating Kum Kang San Reservation, $34,800.oo,

I pledge to pay it to Kum Kang San until April 28th 2008.

Signed

4/22/08