An American father battles to retrieve his abducted son from Korea.

Washington orthodontist Jay Sung claims that South Korea authorities are not enforcing a court order to return his son, Bryan.

An American father battles to retrieve his abducted son from Korea.
An American father battles to retrieve his abducted son from Korea.

A Washington state father is urgently requesting the Korean authorities to return his young son, whose non-custodial mother is wanted in the U.S. for allegedly abducting the child overseas and disregarding court orders in both countries to bring him back.

In June 2019, when Bryan Sung was 3 years old, his mother, Min Jung Cho, 42, allegedly took him to South Korea.

Dr. Jay Sung, 43, Bryan's father, has won court battles in both the U.S. and overseas but remains cut off from his son, whom he has not seen for more than half of the child's life.

"The orthodontist told Planet Chronicle Digital that Korea failed to protect Bryan and should return him to the US, where law can be enforced and he can be safeguarded."

Jay and Bryan Sung smile in a selfie
Jay and Bryan Sung pictured in an undated selfie prior to the child's abduction to South Korea by his noncustodial mother. (Jay Sung)

Initially, Sung was granted full custody of Bryan, but the judge overseeing their divorce later allowed each parent to take Bryan to Korea for up to three weeks a year.

On the last day of the scheduled trip to South Korea, Cho took Bryan, but her attorney contacted Sung and said the boy would not be returned to the United States.

Sung filed a missing person report in Redmond, Washington, after he had no confirmation about his son's whereabouts. The South Korean police eventually found Bryan at his maternal grandmother's house. However, Sung claims that the police told him that the case needed to be resolved in civil court.

Although born in South Korea, Sung spent most of his childhood in Ohio. He served in the South Korean military before returning to the U.S. to study dentistry at UCLA. Now, he is an orthodontist in Washington, and he and his son are both U.S. citizens.

Sung stated that Cho's permanent residency was revoked because she did not return for more than a year.

Min Jung Cho in NCMC flier
Min Jung Cho has been wanted in Washington state on a custodial interference warrant since April 2020. She allegedly abducted her 3-year-old son Bryan to South Korea and has refused court orders to return him to his father in the United States. (National Center for Missing and Exploited Children)

Since April 20, 2020, a Washington state warrant has been active for Cho's arrest, as stated by the National Center for Missing and Exploited Children.

In 2019, Sung filed a petition under the Hague Convention, which deals with international child abductions, trafficking, and adoptions.

Despite the court ruling in his favor after a years-long process, Cho refused to hand the boy over to the father. Korean courts have consistently sided with Sung, but the father claims the country's law has a compliance loophole that prevents law enforcement from seizing a child by force.

Sung claims to be the only legal guardian recognized by both countries but is powerless as Korean authorities have refused to enforce a court's order that the child be returned to his father. Despite arresting and fining Cho twice, they did not return his son.

Sung has initiated a social media campaign and held a one-man protest outside the Korean consulate in Seattle, calling for the South Korean government to take action to reunite him with his son.

Jay Sung holds a poster demanding South Korean officials return his son Bryan
Dr. Jay Sung rented a billboard and conducted a one-man protest near South Korea's consulate in Seattle demanding the return of his son, who was abducted by his estranged wife in 2019 and remains in the Asian country despite numerous court orders that he be returned to the U.S. (Jay Sung)

The support of Rep. Kim Schrier, the State Department, and the FBI has been drawn to Sung's plight.

South Korea has been criticized by the State Department for failing to comply with the Convention due to poor performance by its law enforcement services in court-ordered returns.

"The State Department's 2023 Action Report on International Child Abduction states that the Republic of Korea law enforcement authorities frequently failed to enforce return orders in abduction cases. As a result, 50 percent of requests for the return of abducted children under the Convention remained unresolved for more than 12 months."

Bryan Sung NCMC
Bryan Sung pictured in a missing person flyer from the National Center for Missing and Exploited Children. His father reported him missing before South Korean police located him at his maternal grandmother's home overseas, where his noncustodial mother allegedly brought him in 2019. (National Center for Missing and Exploited Children)

While South Korean officials are working with U.S. diplomats on Bryan's case, there have been concerns raised by U.S. diplomats about the lengthy return process in Korea.

The spokesperson stated that they have frequently raised concerns about the lengthy judicial proceedings and non-enforcement of Hague Abduction Convention return orders in relation to Dr. Sung's case and other similar instances, with Republic of Korea officials in both Washington and Seoul.

The FBI's Seattle Office was granted jurisdiction over certain child abduction cases under the 1932 "Lindbergh Law," also known as the Federal Kidnapping Act, after the abduction of Charles Lindburgh's then-2-year-old son.

The FBI mission overseas is furthered by coordinating with other law enforcement agencies, both in and outside the U.S., to resolve child kidnapping cases, which can take a significant amount of time.

According to the State Department's Action Report, the average time to resolve a child abduction in South Korea is just under three years.

If he is not back by April, Bryan will have been away for five years. Even South Korean lawmakers have held hearings on the issue and determined their system is flawed and started drafting reforms, Sung said. Korean officials did not immediately respond to a request for comment.

Sung disagreed with the notion that Korean police would require a SWAT team to rescue his son, similar to the 2000 operation to return Elian Gonzalez to his father.

Officer holds gun pointed at man and boy
FILE - Elian Gonzalez is held in a closet by Donato Dalrymple, one of the two men who rescued the boy from the ocean, right, as government officials search the home of Lazaro Gonzalez for the young boy, in Miami, Florida, April 22, 2000. Gonzalez survived the shipwreck that killed his mother in 1999 and washed up in Florida. Although he had family in Miami, his father wanted him returned to Cuba, and U.S. authorities took him in dramatic fashion after his American relatives exhausted all legal efforts to keep him here. (AP Newsroom)

"He told Planet Chronicle Digital that if it's absolutely necessary and there's no other way to retrieve the child, he wouldn't object. However, he emphasized that employing force on the child doesn't always mean it will be a traumatic experience. Sometimes, force is required: If the child refuses to attend school, sometimes you must use force to place them in the car."

by Michael Ruiz

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