The repatriation of two North Korean prisoners of war in Ukraine remains unresolved, despite both men having expressed a desire to come to South Korea.
The captured soldiers have sought to defect to South Korea for several months, but talks between South Korea and Ukraine have made little progress.
The two soldiers expressed their intention to defect to South Korea in March and October, sending handwritten letters in which they called South Koreans “their biological parents and brothers” and thanked defector groups, describing the situation as “the beginning of a new life.”
The North Korean POWs gained media attention after Ukrainian President Zelenskyy announced their capture in Russia’s Kursk region.
Under the Constitution of the Republic of Korea — South Korea’s official name — all residents of the Korean Peninsula, defined as its territory, are considered citizens. Their status as both POWs and South Korean nationals makes diplomatic negotiations between Seoul and Kyiv essential for repatriation.
South Korea has expressed its willingness to accept them, but legal and political considerations remain sensitive. The transfer must follow international law, which prohibits forced returns and protects POW rights.
Articles 12 and 118 of the Third Geneva Convention prohibit the forced repatriation of POWs, ensuring they cannot be sent back to their home country against their will.
If the North Korean POWs were repatriated to South Korea, it would be the first such case since the Korean War.
With official talks between the governments stalled, the North Korean defector group Korean Unification Solidarity has hired a Ukrainian lawyer to coordinate with Ukraine’s Defense Ministry and international organizations like the International Committee of the Red Cross and the United Nations to secure protection for the POWs.
The group is working to gather evidence to be submitted to the ICRC, the UN High Commissioner for Refugees and national parliaments to establish a foundation for international protection of the prisoners amid the ongoing war.
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