Seoul’s Ministry of Unification announced on Monday that two former North Korean soldiers, captured while fighting for Russia in Ukraine, have been transferred to South Korea. The government said the men will undergo a security screening and questioning before any decision is made on granting them protection and beginning the resettlement process.

Legal framework and investigative steps

The ministry indicated that the North Korean Defectors Protection and Settlement Support Act will likely apply. Under that law, the National Intelligence Service (NIS) places applicants in temporary protective custody, verifies their identities, reasons for leaving North Korea, and any security‑related concerns. The investigation and protective custody can last up to 90 days, with extensions possible in “unavoidable circumstances.”

Because the two men served in North Korean special forces and have firsthand knowledge of Pyongyang’s deployment of troops to Russia, officials expect a more extensive debriefing. Those who are granted protection typically receive resettlement training before integrating into South Korean society.

Who decides on protection?

Normally, the unification minister makes the final determination on whether a North Korean arrival qualifies for protection. However, the NIS director can intervene on national‑security grounds. Opposition lawmaker Yu Yong‑weon, who met the soldiers in Ukraine in February 2025, said the case’s sensitivity could keep the men out of the public eye longer than other arrivals.

Yu also noted that the soldiers’ physical and psychological condition will be assessed. He described how they were held separately at a Ukrainian detention facility and that prolonged isolation may have affected their mental health.

International legal questions

The transfer raises questions under the Third Geneva Convention, which requires prisoners of war to be released and repatriated without delay after hostilities end. The convention does not forbid earlier release or transfer to a third country, but South Korea and Ukraine have not disclosed the legal basis for the move, including whether the soldiers’ POW status was formally terminated.

Peter Ward, a research fellow at the Sejong Institute, said repatriation is a basic principle for POWs but should not apply when it would jeopardize welfare or human‑rights protections. He added that “there is ample basis under humanitarian and human‑rights law for these POWs to be transferred to a third country of their choice, provided that country is prepared to take them.”

Lee Shin‑wha, a Korea University professor and former North Korean human‑rights envoy, warned that the transfer could create diplomatic friction because international law treats North Korea as a separate state, while South Korea regards North Koreans as its citizens. She argued that the soldiers’ expressed desire to go to the South and the risks they face in the North provide strong grounds for acceptance.

Potential return to the North?

International human‑rights law, particularly the principle of non‑refoulement, would bar sending the men back to North Korea if they faced a real risk of torture, persecution, or other serious mistreatment. Lee noted that while repatriation is the general rule for POWs, voluntary repatriation is recognized and returns that could lead to persecution are prohibited.

North Korean leader Kim Jong Un has praised soldiers who committed suicide while fighting in Russia’s Kursk region, where the two were captured. Both men have repeatedly expressed a desire to settle in South Korea, including in media interviews and during their meeting with Yu.

South Korea’s broader stance on the Ukraine war

President Lee Jae Myung announced a $100 million support package for Ukraine at a NATO summit in July, emphasizing non‑lethal aid such as de‑mining equipment while excluding lethal weapons. At a July summit with Ukrainian President Volodymyr Zelenskiy, both leaders agreed that the North Korean POW issue should be handled according to the soldiers’ free will, international law, and humanitarian principles.

Seoul demanded an apology from Ukraine after Zelenskiy disclosed the transfer at the United Nations General Assembly, arguing that confidentiality was needed to protect the soldiers and their families in the North. Kyiv, however, maintains that no secrecy agreement existed.

Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.