Seoul's POW Asylum Policy
South Korea Readies to Accept North Korean POWs From Ukraine War, Citing Constitutional Stance
Key Points
Kim Jong-un publicly praised North Korean soldiers who committed suicide during combat in the Kursk region, labeling them as 'heroes' who chose self-sacrifice to avoid capture, underscoring Pyongyang's hardline stance on defection.
Two DPRK soldiers captured in Ukraine in December 2025 reportedly wrote letters requesting permission to relocate to South Korea, indicating real-life asylum requests beyond general policy statements.
South Korea frames its policy on NK POWs within a constitutional basis that the entire Korean peninsula is the country’s territory and its residents are considered citizens, which supports accepting those who wish to relocate.
Ukraine-South Korea talks are scheduled for June 30 in Seoul to discuss the fate of North Korean POWs captured in Russia’s Kursk Oblast, signaling ongoing diplomatic engagement on the issue.
Ukraine's Andriy Sybiha plans to visit Seoul to meet with South Korea's foreign minister to discuss bilateral relations and the fate of North Korean POWs, indicating high-level diplomatic attention to the issue.
South Korea announced on June 23 that it will accept all North Korean prisoners of war captured by Ukraine — if they want to come. Reuters reported that Seoul's Foreign Ministry made clear it will not force any POW to return to North Korea against their will. The announcement comes one week before high-level talks scheduled for June 30 in Seoul between Ukrainian Foreign Minister Andriy Sybiha and South Korean Foreign Minister Cho Hyun.
The policy centers on two North Korean soldiers already in Ukrainian custody. Kyiv Independent reported the pair — identified by surnames Lee and Paek — wrote formal letters in December 2025 asking to relocate to South Korea. Their requests helped trigger the bilateral diplomatic push now unfolding.
14,000 Troops Sent, 6,000 Already Casualties
North Korea deployed between 14,000 and 15,000 soldiers to Russia's Kursk region beginning in late 2024, according to Reuters. By February 2026, South Korean intelligence estimated roughly 6,000 of those troops had been killed or wounded. That is a casualty rate of more than 40 percent — in under two years.
United 24 Media noted that North Korean soldiers were used in so-called "meat assault" tactics — large infantry waves with little cover. The soldiers had little choice. North Korean military law bans surrender. Troops are trained to detonate grenades on themselves rather than be captured.
Kim Jong-un Calls Suicide 'Heroic,' Ignores the POWs
On April 27, 2026, Kim Jong-un gave a speech at a new war memorial in Pyongyang. He praised soldiers who chose "self-blasting" — suicide by grenade — to avoid capture. He called them heroes who "unhesitatingly chose the path of self-destruction." He said nothing about the soldiers now held in Ukraine.
Dagens reported that this hardline stance shows Pyongyang's position: capture is betrayal. Any soldier who comes home as a POW faces near-certain punishment — or worse. That reality is central to why Seoul argues these men cannot be sent back. Forced return could mean torture or death.
Seoul's Constitution Makes North Koreans Its Own Citizens
South Korea's legal case is rooted in Article 3 of its constitution. That article defines the entire Korean Peninsula as South Korean territory. Under that reading, every North Korean is legally a South Korean citizen. Kyiv Independent noted this means Seoul has both the right and the obligation to offer these men a home.
The UN backed up Seoul's position. On May 13, UN Human Rights Chief Volker Turk declared that the principle of non-refoulement — the rule that you cannot send someone back to face torture — applies to these POWs. Newsy Today reported that South Korea's offer directly challenges Pyongyang's effort to recover its soldiers and silence them.
June 30 Talks Could Set a Global Precedent
Ukrainian Foreign Minister Sybiha will fly to Seoul on June 30 for face-to-face talks with Foreign Minister Cho. United 24 Media reported both sides want to work out a formal process to transfer the two POWs to South Korea. A successful handoff would be the first time a North Korean soldier captured on a foreign battlefield has been relocated to the South.
Analysts say the move is also a psychological pressure campaign. By making asylum a real option, Seoul signals to every North Korean soldier still fighting in Russia that surrender beats suicide. If defections grow, it could strain the alliance between Kim Jong-un and Vladimir Putin — and raise hard questions for Moscow about the loyalty of its imported troops.
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