Is It Possible for North Korean Military Hostages to Go to South Korea? [Yang Nak-gyu's Defence Club]

Application of POW or Extradition Treaties Possible
Transfer to South Korea Unlikely if Ukraine Insists on Prisoner Exchange

The Security Service of Ukraine (SBU) has captured two North Korean soldiers alive, drawing attention to the possibility of their transfer to South Korea. However, with Ukrainian President Volodymyr Zelensky proposing a 'prisoner exchange,' there are assessments that a transfer to South Korea is realistically unlikely.

Yonhap News

For the captured North Korean soldiers to return to South Korea, they must either obtain the status of 'prisoners of war' under international law or be subject to the 'extradition treaty' between South Korea and Ukraine. For now, Ukrainian authorities appear to classify them as North Korean prisoners of war. On the 12th (local time), President Zelensky stated on X (formerly Twitter), "We are prepared to hand over North Korean citizens to Kim Jong-un (Chairman of the State Affairs Commission of North Korea) only if he can facilitate the exchange of Ukrainian prisoners of war held by Russia for North Korean soldiers."

If Russia recognizes the captured North Korean soldiers as members of the Russian military, they would be granted prisoner of war status under the Geneva Conventions on the Treatment of Prisoners of War and would be subject to repatriation to Russia. However, if both Russia and North Korea claim that the soldiers are not affiliated with their respective militaries, they may be considered 'unlawful combatants' or 'unprivileged belligerents,' and thus may not be granted prisoner of war status.

A government official said, "While political discussions could be held through behind-the-scenes negotiations with Ukraine, it does not seem easy to find exceptional provisions to grant prisoner of war status."