South Korea to assess legal status and protection of two North Korean POWs transferred from Ukraine

Two North Korean soldiers who were captured fighting for Russia in Ukraine have been transferred to South Korea. The Unification Ministry said the cases will be examined under existing laws, including the North Korean Defectors Protection and Settlement Support Act, which allows the National Intelligence Service to conduct identity verification, security screening and a temporary protective custody period of up to 90 days, with possible extensions.

If the soldiers are granted protection, they would receive resettlement training before integration into South Korean society. Opposition lawmaker Yu Yong-weon, who met the men in Ukraine in February, said they had served in North Korean special forces and could provide information on Pyongyang’s training, capabilities and involvement in the war.

The unification minister normally decides on protection eligibility, though the NIS director can intervene on national-security grounds. Yu told Reuters that the sensitivity of the case may keep the soldiers out of public view for longer than other North Korean arrivals, and that their physical and psychological condition will also be assessed.

Legal experts noted that the Third Geneva Convention requires POWs to be repatriated after hostilities cease, but does not forbid earlier transfer to a third country. Peter Ward of the Sejong Institute said humanitarian and human-rights law permits such transfers if the receiving state is willing to accept the individuals. Korea University professor Lee Shin-wha warned that the move could create diplomatic friction because international law treats North Korea as a separate state, while South Korea regards North Koreans as its citizens.

International human-rights principles, including non-refoulement, would bar returning the soldiers to North Korea if they faced a risk of torture or persecution. Both men have repeatedly expressed a desire to go to South Korea in media interviews and during meetings with Yu.

South Korea has so far limited its aid to Ukraine to non-lethal assistance, despite calls from some allies for lethal weapons. President Lee Jae-myung announced a $100 million support package for Ukraine at a NATO summit, emphasizing humanitarian aid and reconstruction. At a July summit, President Lee and Ukrainian President Volodymyr Zelenskyy agreed that the POW issue should be handled according to the soldiers’ free will, international law and humanitarian principles. Seoul later demanded an apology from Kyiv after Zelenskyy disclosed the transfer at the UN General Assembly, citing a breach of a confidentiality agreement intended to protect the soldiers and their families.