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S. Korean, Ukraine FMs agree to resolve North Korean POW issue under international law

South Korean Foreign Minister Cho Hyun, right, shakes hands with Ukrainian Foreign Minister Andrii Sybiha before bilateral talks at Government Complex Seoul, Tuesday. Yonhap
Captured NK soldiers in Ukraine still want to come to S. Korea: foreign ministry
South Korean Foreign Minister Cho Hyun and his Ukrainian counterpart, Andrii Sybiha, agreed Tuesday that the repatriation of two North Korean prisoners of war (POWs) captured during the Russia-Ukraine war should be handled in accordance with international law and humanitarian principles.
The two ministers discussed the POW issue as well as a wide range of mutual interests and bilateral cooperation during Sybiha's visit to Seoul, according to the ministry.
It marked the first visit in 11 years by a Ukrainian foreign minister to Korea for bilateral talks.
Cho and Sybiha agreed to continue seeking a resolution to the North Korean POWs issue that respects the detainees' free will, the foreign ministry said in a press release.
"The two foreign ministers had a shared understanding that this matter should be resolved in a manner consistent with international law and humanitarian principles," ministry spokesperson Park Il said at a briefing, adding that the government will continue its diplomatic efforts to advance and resolve the issue. He declined to elaborate further, citing the sensitivity of matters related to the safety of the detainees and their families.
Park said that the two POWs' wish to come to South Korea remains unchanged.
"It remains the case that the North Korean POWs in Ukraine want to come to South Korea," Park said. "If their transfer to the South is decided, the process will proceed in accordance with relevant domestic laws and procedures."
The meeting followed an earlier conversation between the two ministers on March 27 on the sidelines of the Group of Seven foreign ministerial meetings in France, where they agreed to continue seeking a resolution of the North Korean POWs issue based on international law and humanitarian principles.
The two injured North Korean soldiers were captured in Russia's Kursk region in January 2025. According to media reports citing Ukraine's Security Service, they were reportedly unaware they were being sent to fight in the war, believing instead that they were in Russia for military training.
More than 14,000 North Korean soldiers are believed to have been deployed to Russia since October 2024 in support of Moscow's war effort, with many reportedly taking their own lives to avoid capture by Ukrainian forces.
Both POWs expressed intent to defect to South Korea later that year.
Under the South Korean Constitution, all North Korean nationals are legally recognized as citizens of South Korea. The government has been communicating its stance to Kyiv that it will accept the POWs if they request it, while continuing to discuss the procedures needed to bring them to the South.
But the repatriation is unlikely to happen soon, and foreign ministry officials said Seoul is coordinating with Kyiv to ensure the two detainees receive adequate clothing and humanitarian supplies.
The case sits at the intersection of two contrasting legal frameworks. Article 118 of the Third Geneva Convention mandates that POWs must be released and repatriated without delay after the cessation of active hostilities. At the same time, the principle of non-refoulement under international human rights law prohibits returning anyone to a country where they would face torture or other serious harm.
In South Korea, public concern is centered on the possibility that the two soldiers could be sent back to Pyongyang against their will, a move that would endanger their lives under the Kim Jong-un regime.
Insiders say the process is likely to take time given two conflicting pressures: Under the Geneva Conventions, POWs cannot be forcibly repatriated if they refuse to return home, yet Russia is pressing Ukraine to include the two North Korean POWs in an upcoming prisoner exchange.