Two North Korean Prisoners of War Excluded from Prisoner Exchange
Two North Korean prisoners of war who have publicly expressed their desire to defect to South Korea have been excluded from the major prisoner exchange negotiations between Russia and Ukraine. Through trilateral negotiations involving the United States, Russia, and Ukraine, Russia and Ukraine agreed to exchange a total of 314 prisoners; however, North Korean prisoners Baek and Lee, detained in Ukraine, were not included in the exchange list. Currently, these two prisoners are reportedly still detained in Ukrainian prisoner-of-war facilities alongside Russian military prisoners.
They were dispatched to Russia in 2024 and were deployed to the Battle of Kursk before being captured by Ukraine in January of last year. Since then, they have expressed through media interviews their desire to go to South Korea, which has drawn significant interest and concern both domestically and internationally.
South Korea's Fundamental Principles and Consultations with Ukraine
The South Korean government has made its position clear. The Ministry of Foreign Affairs stated that North Korean soldiers are our people under the constitution, and if they request to go to South Korea, all such requests will be accepted. Simultaneously, the government emphasized its fundamental principle that forced repatriation to Russia or North Korea against the prisoners' free will is absolutely unacceptable. The government has formally stated it will provide necessary protection and support in accordance with relevant laws and regulations, and this stance has already been communicated to Ukraine with ongoing consultations to be continued as needed.
Currently, there exists a difference in positions between the Ukrainian and South Korean governments. Ukraine views the North Korean prisoner issue as part of military negotiations, while the South Korean government demands prisoner repatriation based on humanitarian negotiation principles. Due to this difference in positions, a consensus has not yet been reached.
The Importance of the Non-Refoulement Principle in International Law
The Third Geneva Convention explicitly includes a provision that prisoners must not be repatriated against their will. Given that North Korean prisoners have clearly expressed their intention to go to South Korea, forced repatriation to North Korea would likely constitute a violation of international law. This is a fundamental principle of international humanitarian law and an important regulation to protect individual basic rights.
Experts emphasize the necessity of registering North Korean prisoners as persons under protection. When registered as such, they would receive legal and substantive protection from the international community and the detaining country, and would not be included as subjects of forced repatriation. There are concerns that the two prisoners are currently detained only in general facilities, so their status is not fully guaranteed.
Risks According to War Termination Scenarios and the Need for Urgent Measures
Article 118 of the Geneva Conventions contains provisions on the release and repatriation of prisoners upon the cessation of hostilities. If the Russia-Ukraine war ends sooner than expected, there exists a possibility that the prisoners could be unwillingly repatriated to North Korea according to this provision. This could pose a threat to the prisoners' lives. Politicians have emphasized that returning to North Korea would be no different from death.
The reality of brainwashing and coercive control experienced by North Korean soldiers is also an important context. The two prisoners were forcibly deployed without even properly understanding why they were sent to the Russia-Ukraine war, and they were in a state of severe psychological distress, blaming themselves as traitors for not committing suicide despite witnessing fellow soldiers' deaths. This exemplifies the level of control within the North Korean system and increases international concern about what kind of treatment these individuals would face if forcibly repatriated.
This content is general information compiled based on publicly available materials. Please check official announcements from relevant agencies for accurate information.
