South Korea reviews North Korean soldiers' transfer from Ukraine

Summary

On September 28, two North Korean soldiers who were captured while fighting for Russia against Ukraine were transferred to South Korea, prompting significant questions about their legal status and the process they will undergo. The South Korean Unification Ministry indicated that the soldiers will be investigated and screened for security before deciding on their protection under the North Korean Defectors Protection and Settlement Support Act. This act outlines that the National Intelligence Service will verify identities and reasons for leaving North Korea, with the possibility of extended protection if circumstances call for it. Notably, both soldiers have expressed their desire to relocate to South Korea, a wish supported by international human rights law, which discourages returning individuals to North Korea due to risks of persecution or torture.

Analysis

North Korea: North Korea is the Democratic People's Republic of Korea, an authoritarian state on the Korean peninsula led by Kim Jong Un with a significant military presence. It has deployed soldiers to support Russia in the Ukraine conflict, leading to captures and subsequent international transfers. The two soldiers in question expressed a desire to go to South Korea and could offer insights into North Korean military training and capabilities. South Korea: South Korea is a democratic republic in East Asia with established legal frameworks for managing arrivals from the North. Its Unification Ministry oversees reviews under the North Korean Defectors Protection and Settlement Support Act, including security screening by intelligence agencies. The government is currently handling the cases of transferred North Korean soldiers from Ukraine while coordinating with Kyiv on humanitarian principles. Yu Yong-weon: Yu Yong-weon is a South Korean opposition lawmaker who has met with North Korean defectors and soldiers in conflict zones. He encountered the captured soldiers in Ukraine in February 2025 and noted their special forces background along with potential value for debriefing on North Korean military matters. His comments underscore the sensitivity of their protection and resettlement process. National Intelligence Service: The National Intelligence Service serves as South Korea's main intelligence agency tasked with national security investigations. It conducts screenings for North Korean arrivals, verifying identities, departure reasons, and security issues as part of temporary protective custody. The agency is expected to lead the review of the transferred soldiers from Ukraine due to their military backgrounds. Defector Handling: South Korea reviews North Korean arrivals under the North Korean Defectors Protection and Settlement Support Act, with the unification minister typically deciding on protection status. Repatriation Risks: International human rights law, including the principle of non-refoulement, weighs against returning individuals to North Korea if they face risks of torture, persecution, or mistreatment. Ukraine Coordination: South Korea and Ukraine agreed at their July summit that the North Korean POW issue should follow the soldiers' free will, international law, and humanitarian principles.

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