South Korea-Ukrainian row over two captured North Korean soldiers: What happens next?

Key Points:

• Two North Korean soldiers captured fighting for Russia in Ukraine have been transferred to South Korea, raising questions about their investigation, protection, and resettlement under South Korean law, specifically the North Korean Defectors Protection and Settlement Support Act.
• The soldiers will undergo security screening and questioning by the National Intelligence Service, with their military backgrounds likely prompting extensive debriefing; their physical and psychological health will also be assessed due to prolonged isolation.
• The legal basis for their transfer from Ukraine to South Korea remains undisclosed, but experts note international humanitarian law allows transfer to a third country if it protects the POWs' welfare and human rights, despite potential diplomatic friction given differing views on North Korean citizenship.
• International human rights law prohibits returning the soldiers to North Korea if they face risks of persecution or torture, and both soldiers have expressed a desire to resettle in South Korea, undermining North Korea's claims for their repatriation.
• South Korea has maintained a non-lethal aid stance toward Ukraine while providing humanitarian support, and after Ukraine disclosed the transfer publicly, Seoul demanded an apology for breaching confidentiality agreements meant to protect the soldiers and their families.