Two North Korean soldiers captured while fighting alongside Russian forces in the conflict against Ukraine have been transferred to South Korea, prompting complex legal and procedural questions regarding their investigation, protection, and potential resettlement. The soldiers arrived in South Korea this year and are expected to undergo a detailed review before authorities determine their status and next steps.
Seoul’s Unification Ministry indicated that the cases would be evaluated under existing laws related to North Korean defectors, particularly the North Korean Defectors Protection and Settlement Support Act. Under this legislation, the National Intelligence Service (NIS) conducts investigations while the individuals are held in temporary protective custody. The process involves verifying their identities, reasons for leaving North Korea, and security-related factors. The initial investigative period may last up to 90 days and can be extended if necessary. Given the soldiers’ military backgrounds and firsthand knowledge of North Korea’s military deployments in Russia, South Korean authorities are expected to perform more extensive debriefings.
An opposition lawmaker, Yu Yong-weon, who met the soldiers in Ukraine in February 2025, said the men had served in North Korean special forces and could provide valuable information about Pyongyang’s military training, capabilities, and involvement in the war. Yu also noted that their physical and psychological well-being would be carefully assessed, as prolonged detention under uncertain conditions in Ukraine may have impacted their mental health. The sensitive nature of their case is likely to result in extended secrecy compared to other North Korean defectors.
The transfer of the soldiers from Ukraine to South Korea has raised legal questions. The Third Geneva Convention mandates that prisoners of war (POWs) be released and repatriated promptly after active hostilities cease but does not explicitly forbid earlier release or transfer to a third country. Neither South Korea nor Ukraine has publicly disclosed the legal grounds for the transfer or whether the soldiers’ POW status has formally ended. Peter Ward, a research fellow at the Sejong Institute, said that while repatriation is a fundamental principle governing POWs, exceptions may apply if returning them would endanger their welfare or human rights.
Legal and diplomatic challenges also arise from the differing statuses of North Koreans under international and South Korean law. While international law recognizes North Korea as a sovereign state, South Korea considers North Koreans to be its nationals. Lee Shin-wha, a Korea University professor and former envoy for North Korean human rights, said this discrepancy could complicate the case. She emphasized that the soldiers’ stated desire to resettle in South Korea and credible risks they face if returned to North Korea provide grounds for their protection. International human rights law, including the principle of non-refoulement, prohibits sending individuals back to countries where they are at risk of persecution or torture, which could apply in this situation. Lee noted that although repatriation is generally expected for POWs, international practice allows for voluntary repatriation and bans returns that may lead to serious mistreatment.
North Korean leader Kim Jong-un has reportedly praised soldiers who died by suicide while fighting against Ukrainian forces, including in the Kursk region of Russia where these two soldiers were captured. The men have repeatedly expressed their wish to relocate to South Korea, including in interviews and during meetings with officials such as Yu Yong-weon.
Separately, South Korean President Lee Jae Myung announced a $100 million aid package for Ukraine at a NATO summit in July, clarifying that the support does not include lethal weapons. Seoul has also pledged ongoing humanitarian assistance and reconstruction support, signaling its continued engagement amid the conflict in Ukraine.