Two North Korean soldiers captured while fighting for Russia against Ukraine have arrived in South Korea, raising questions over how they will be investigated, protected and resettled, as well as the legal basis for their transfer.
The soldiers repeatedly expressed a desire to travel to South Korea while they were being held in Ukraine. Seoul must now determine how their cases will be handled under South Korean law, while also addressing questions surrounding their former status as prisoners of war and their potential return to North Korea.
What process will the soldiers undergo?
The soldiers are expected to undergo questioning and security screening before South Korean authorities decide whether to grant them protection and begin the resettlement process.
South Korea’s Unification Ministry said on Monday that their cases would be reviewed under relevant laws and previous practices, indicating that the North Korean Defectors Protection and Settlement Support Act could apply.
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Under the law, the National Intelligence Service investigates North Korean arrivals while they are held in temporary protective custody. Authorities can verify their identities, circumstances surrounding their departure from North Korea and any security related issues.
The investigation and temporary protection period can last up to 90 days and may be extended when necessary.
The soldiers’ military backgrounds and knowledge of North Korea’s deployment of troops to Russia could lead to more extensive questioning.
South Korean opposition lawmaker Yu Yong-weon, who met the soldiers in Ukraine in February 2025, said they had served in North Korea’s special forces and could provide information about Pyongyang’s military training, capabilities and involvement in the war.
Those granted protection normally undergo resettlement training before entering South Korean society.
Who decides whether they receive protection?
The South Korean unification minister normally decides whether a North Korean arrival qualifies for government protection, although the director of the National Intelligence Service can make the decision on national security grounds.
The sensitivity of the case could also keep the soldiers out of public view for longer than other North Korean arrivals.
Their physical and psychological condition is also expected to be assessed.
Yu said that when he met the soldiers in Ukraine, they were being held separately at a Ukrainian detention facility. He said their prolonged isolation and uncertainty could have affected their wellbeing.
Did Ukraine have the right to transfer them?
The transfer also raises questions under international humanitarian law.
The Third Geneva Convention provides that prisoners of war should be released and repatriated without delay after active hostilities end. However, that provision does not necessarily prohibit an earlier release or transfer to a third country.
South Korea and Ukraine have not publicly disclosed the legal basis for the soldiers’ transfer, including whether it formally ended their status as prisoners of war.
Peter Ward, a research fellow at the Sejong Institute, said repatriation was a basic principle governing prisoners of war but argued that it should not apply where returning the soldiers could threaten their welfare or human rights.
“There is ample basis under humanitarian and human rights law for these POWs to be transferred to a third country of their choice so long as that third country of their choice is prepared to take them,” Ward said.
Lee Shin-wha, a Korea University professor and former envoy for North Korean human rights, said the transfer could nevertheless create legal and diplomatic complications because international law treats North Korea as a separate state, while South Korea considers North Koreans its citizens.
She said the soldiers’ stated wish to travel to South Korea and the risks they could face in North Korea provide grounds for accepting them.
Could the soldiers have been returned to North Korea?
International human rights law would weigh against returning the soldiers if they faced a real risk of torture, persecution or other serious mistreatment.
The principle of non-refoulement prohibits transferring people to a country where they face such risks.
Lee said repatriation was generally the rule for prisoners of war, but international practice also recognises voluntary repatriation and prohibits returns that could expose people to persecution or torture.
North Korean leader Kim Jong Un has praised soldiers who died or killed themselves while fighting Ukrainian forces in Russia’s Kursk region, where the two soldiers were captured.
The two men repeatedly expressed a desire to go to South Korea, including in media interviews and during their meeting with Yu.
Ward said North Korea had little basis under international law to demand their return.
Why is South Korea keeping the case sensitive?
The soldiers’ arrival has also created a diplomatic issue between South Korea and Ukraine.
South Korea demanded an apology from Ukraine after Ukrainian President Volodymyr Zelenskiy disclosed the transfer at the United Nations General Assembly last week. Seoul said Kyiv had breached an agreement to keep the transfer confidential, arguing that secrecy was necessary to protect the soldiers and their relatives in North Korea.
Ukraine has denied that a secrecy agreement existed.
The issue had already been discussed by South Korean President Lee Jae Myung and Zelenskiy during their July summit. The two leaders agreed that the soldiers’ cases should be handled according to their wishes, international law and humanitarian principles.
How has South Korea responded to the Ukraine war?
The case comes as Seoul maintains a cautious position on Russia’s war in Ukraine.
South Korea, a major arms producer, has faced pressure from Western countries and Ukraine to provide lethal weapons but has so far focused on non-lethal assistance, including demining equipment.
Lee announced a $100 million support package for Ukraine at a NATO summit in July, while his government reiterated that lethal weapons were excluded. Seoul has also pledged continued humanitarian assistance and support for reconstruction.
What happens next?
The two soldiers are expected to undergo security screening and questioning by South Korean authorities before officials determine their protection status.
Their military backgrounds mean investigators are likely to examine their knowledge of North Korean forces, training and the deployment of North Korean troops to Russia, alongside the standard security and identity checks.
If they are granted protection, they would normally receive resettlement training before entering South Korean society.
At the same time, Seoul and Kyiv will have to manage the diplomatic fallout over the disclosure of the transfer, while South Korean authorities address the unresolved legal questions surrounding the soldiers’ former prisoner of war status.
For now, the soldiers’ stated wish to remain in South Korea, their protection under South Korean law and the risks associated with possible repatriation to North Korea will remain central to how the case develops.
With information from Reuters.
