Bahk Eun-ji has been with The Korea Times since 2012, building a career across multiple desks. She began at the Business Desk, where she conducted in-depth interviews with key figures in Korea's corporate world. Later, she moved to the Politics & City Desk, focusing on education policy and social affairs. She later served as team leader of the digital content team, leading curation efforts on the newspaper’s homepage and reshaping print stories for social media audiences to enhance digital reach. Now back on the Politics Desk, she covers the National Assembly and the Ministry of National Defense, with a renewed focus on political developments.
Ukraine holds key as North Korean POW issue enters diplomatic gray zone
Two North Korean soldiers captured by Ukrainian forces are seen during an interview with a South Korean television producer. Both soldiers have reportedly expressed a strong desire to go to South Korea. Yonhap
By Bahk Eun-ji
International law clear, but decision remains diplomatic challenge
Two North Korean soldiers captured on a battlefield far from the Korean Peninsula are now being held thousands of kilometers from home. Despite clear rules under international law, what will happen to the prisoners remains uncertain.
South Korea has said it would accept the soldiers if they requested it, but the decision rests with the Ukrainian government, which currently holds them in custody.
The two soldiers were excluded from a recent Russia-Ukraine prisoner exchange and remain in Ukrainian custody. They have reportedly requested repatriation to South Korea instead of North Korea.
This case highlights the gap between legal principles and diplomatic realities in war. With the conflict in Ukraine showing little sign of resolution, experts warn that Seoul risks further straining inter-Korean relations.
Seoul’s position is straightforward in principle: The government has repeatedly affirmed that North Korean prisoners of war are considered South Korean nationals under the Constitution and would be accepted if they express a desire to come to the South.
In practice, however, officials acknowledge that South Korea has little leverage over the timing or process. These constraints are reflected in Ukraine’s silence, with the Ukrainian Embassy in Seoul declining to comment when contacted by The Korea Times.
The lack of visible movement reflects diplomatic limits rather than legal confusion, experts say.
Shin So-hyun, a researcher at the Asan Institute for Policy Studies, says that “forcibly repatriating these prisoners of war to North Korea would contravene the principle of non-refoulement, as such an action would expose them to potential human rights violations upon return.”
Non-refoulement is a principle in international law that forbids deporting people to places where their life or freedom would be endangered because of their race, religion or social or political identity.
Shin noted that even when legal standards are clear, the process is shaped by wartime realities.
Rep. Yu Yong-weon of the People Power Party meets with a North Korean prisoner of war in Ukraine, Feb. 25, 2025, during his visit to the country. Courtesy of Rep. Yu’s office
“Ukraine is the detaining power, and that means it controls access to the prisoners and the timing of any decision,” she said. “In cases like this, coordination through international channels is usually unavoidable.”
The U.N. special rapporteur on human rights in North Korea has said that Ukraine is legally obligated to refrain from forcibly repatriating North Korean prisoners of war, cautioning that any return against their will could put them at serious risk.
The issue has become more sensitive as discussions about a possible end to the war and future prisoner exchanges have emerged.
Cheon Seong-whun, a visiting research fellow at the Sejong Institute, said that transferring North Korean prisoners of war to South Korea would pose “no legal or diplomatic problem, either under domestic or international law.”
However, speaking at a policy seminar at the National Assembly last week, Cheon cautioned that the issue remains politically sensitive, noting that North Korea is likely to react strongly and that Seoul should pursue the matter in a low-key manner as part of its broader North Korea policy.
Human rights advocates argue that political will is as important as legal clarity.
Son Kwang-joo, former chairman of the Korea Hana Foundation, said that the Lee Jae Myung administration must show genuine determination to bring the prisoners to South Korea.
Elizabeth Salmón, the U.N. special rapporteur on human rights in North Korea, speaks during a press conference at the Seoul Global Center in Jongno District, Seoul, Friday. Yonhap
“There has to be real commitment from the government,” Son said. “That means exercising diplomatic leverage, both publicly and behind the scenes, with Ukraine, the United States and Russia.” He added that efforts should involve a clear division of roles between the public and private sectors.
In South Korea, some lawmakers have also called for a more active diplomatic role. Rep. Yu Yong-weon of the conservative People Power Party has suggested formally involving the International Committee of the Red Cross and considering the dispatch of a special envoy to discuss protection measures directly with Ukraine.
Sung Jae-ho, a senior researcher at Sungkyunkwan University’s Institute for Future Policy, said North Korean soldiers captured in Ukraine clearly fall under the category of prisoners of war under the Geneva Conventions.
“Under the conventions, a detaining power may transfer prisoners of war only to another state that is both willing and able to apply the convention,” Sung said. “Prisoners must not be transferred to a country where there is a real risk of torture, inhumane treatment or persecution.” He added that any repatriation “must be carried out strictly on a voluntary basis.”
Sung cautioned, however, that bringing the prisoners to South Korea would likely provoke a strong reaction from Pyongyang and could complicate relations involving Russia, as well as negotiations with Ukraine, emphasizing the need for a cautious approach.
Cheon echoed the need for strategic restraint, arguing that the issue should be handled according to the principle of reciprocity. He suggested linking the transfer of North Korean POWs to broader humanitarian issues, such as the return of long-term unconverted prisoners previously sent to the North.
“The entire process should be conducted in a low-key manner,” Cheon said. “Negotiations with Ukraine and related diplomatic steps should remain non-public, so as not to unnecessarily provoke or humiliate the North Korean regime.”