Key facts
- Two North Korean soldiers captured fighting for Russia in Ukraine are now in South Korea.
- South Korean authorities will review their cases under the North Korean Defectors Protection and Settlement Support Act.
- The National Intelligence Service (NIS) will investigate their identities, reasons for leaving North Korea, and security matters.
- The investigation and temporary protection period can last up to 90 days, with possible extensions.
- South Korea has provided non-lethal aid to Ukraine and pledged humanitarian assistance and reconstruction support.
- South Korea demanded an apology from Ukraine for disclosing the transfer, citing a breach of confidentiality.
Two North Korean soldiers captured while fighting for Russia against Ukraine have been transferred to South Korea, prompting questions about their legal status, protection, and resettlement. The soldiers are expected to undergo a review process under South Korean law, potentially including up to 90 days of investigation by the National Intelligence Service (NIS) to verify their identities and reasons for defecting. Their military backgrounds could lead to more extensive debriefing regarding North Korea's capabilities and involvement in the conflict.
South Korea's Unification Ministry indicated that the North Korean Defectors Protection and Settlement Support Act would likely apply. This law outlines procedures for investigating defectors, providing temporary protection, and eventually integrating them into South Korean society. However, the sensitivity of this case may result in them remaining out of public view for an extended period.
The legal basis for the transfer remains undisclosed, though international law, including the Third Geneva Convention, allows for the release and repatriation of prisoners of war after hostilities end, and does not necessarily prohibit earlier transfer to a third country, especially if it serves the POWs' welfare and human rights. Experts suggest that North Korea has limited grounds under international law to demand their return, particularly given the principle of non-refoulement, which prohibits sending individuals to countries where they face risks of torture or persecution.
South Korea has provided non-lethal aid to Ukraine and pledged humanitarian assistance, with President Lee Jae Myung announcing a $100 million support package. Both Seoul and Kyiv reportedly agreed that the issue of the North Korean soldiers should be handled according to their free will, international law, and humanitarian principles. South Korea has expressed displeasure with Ukraine for disclosing the transfer publicly, stating it breached an agreement for confidentiality that was intended to protect the soldiers and their relatives in North Korea.