The fate of two North Korean soldiers captured in Russia’s Kursk region over a year ago remains uncertain, as activists accuse South Korea of inaction. The soldiers, who reportedly requested asylum in South Korea, face potential severe punishment – including execution – if repatriated to North Korea, where surrendering is considered a grave offense. The case highlights the complex geopolitical dynamics at play and raises serious questions about the protection of human rights for those who defy the Kim regime.
According to a report from the Hankook Ilbo, a South Korean newspaper, one of the soldiers expressed a desperate fear of returning home, stating, “I will not survive. Everyone else committed suicide. I failed.” This stark admission underscores the extreme measures North Korean soldiers are reportedly ordered to take to avoid capture, a policy designed to prevent information about the regime’s vulnerabilities from reaching enemy forces. The United Nations has too intervened, with the UN Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea stating in February that Ukraine should adhere to international protocol and avoid sending prisoners of war to locations where they risk torture.
The soldiers’ capture comes amid growing reports of North Korea providing military support to Russia in its war against Ukraine. In January 2025, South Korea, the United States, and Ukraine accused North Korea of sending more than 10,000 troops to assist Russia, a claim Pyongyang has not publicly addressed. This alleged involvement has further complicated the situation surrounding the captured soldiers, adding a layer of political sensitivity to their case. Kim Eujin, a North Korean defector who fled the country in the 1990s, explained to DW that the North Korean military doctrine explicitly prohibits surrender. “The regime told its soldiers to commit suicide if they faced capture in Ukraine,” she said. “These two men didn’t follow those orders, and they didn’t die, even though they may have tried.”
The Threat of Reprisals and the Doctrine of Collective Punishment
The potential consequences for the soldiers and their families are severe. Kim Eujin believes the regime will likely view them as traitors. “But it’s not just them – their families will also be punished,” she warned. The North Korean doctrine of “three generations of punishment” – where the families of those deemed enemies of the state face repercussions – is well-documented. Peter Oh, from the Korean Freedom Association, which assists North Korean refugees in the United States, explained that historically, prisoners of war returning to North Korea after the Korean War were subjected to forced labor and labeled as hostile elements. “These detainees likely fear similar consequences if they are returned,” Oh said. “There could be repercussions for their families, although the North Korean government might refrain from extreme measures to avoid international scrutiny.”
The recent display of Kim Jong-un visiting the families of fallen North Korean soldiers in Ukraine, as reported by Yonhap News Agency, underscores the regime’s continued support for Russia’s war effort and its willingness to publicly acknowledge the involvement of its troops.
South Korea’s Hesitation and Constitutional Considerations
Despite Article 3 of the South Korean Constitution stating that North Koreans are considered citizens of the South and are permitted to reside there, the South Korean government has been slow to act on the soldiers’ requests for asylum. More than a year has passed since the soldiers were detained, and Seoul appears reluctant to offer them refuge. Oh attributes this delay to “complex legal and diplomatic entanglements involving Ukraine, Russia, North Korea, and South Korea.” He added that while the South Korean government has expressed general interest, it has not taken direct action, likely due to “sensitive geopolitical implications.”
Currently, South Korean President Lee Jae Myung appears keen to improve relations with Pyongyang, referencing Article 4 of the South Korean Constitution, which focuses on “peaceful relations with the North.” However, Oh emphasized that regardless of constitutional interpretation, the soldiers have the right to seek asylum in South Korea or a third country of their choosing. The situation is further complicated by the lack of direct communication between Seoul and Kyiv, according to a February 9, 2026 report by the Korean Institute for National Unification, which stated that “direct communication between the leaders of South Korea and Ukraine is essential” to break the stalemate.
A Stalled Dialogue and a Looming Deadline
Conversations between Seoul and Kyiv regarding the soldiers’ fate appear to have stalled. Without an agreement, Ukraine could be forced to hand the men over to Russia. Kim Eujin believes Ukraine is under no legal obligation to return the soldiers and that there is “nothing in international law” preventing them from traveling to South Korea. “They keep saying it’s a ‘complicated issue,’ but I don’t think they are trying hard enough,” she said. “President Lee, the Ministry of Unification, and the Ministry of Foreign Affairs seem more concerned with not upsetting Kim Jong-un than with bringing these men to South Korea. If it were just about their human rights, they would have arrived already. It’s almost as if the government is looking for excuses for them not to come.”
North Korea has not publicly commented on the two prisoners of war in Ukraine, although back-channel discussions may be underway. The case of these soldiers underscores the precarious situation faced by individuals caught in the crosshairs of international conflict and the challenges of providing protection to those fleeing oppressive regimes. The next critical step will be a breakthrough in negotiations between Ukraine and South Korea, or a clear indication of Ukraine’s intentions regarding the soldiers’ fate.
If you or someone you know is struggling with mental health concerns, resources are available. You can contact the National Alliance on Mental Illness (NAMI) helpline at 1-800-950-NAMI (6264) or visit their website at https://www.nami.org/.
What do you think should happen in this case? Share your thoughts in the comments below, and please share this article with others who may be interested in this important story.
