On Tuesday, a proposal emerged urging the South Korean government to elevate the repatriation of North Korean prisoners of war (POWs) held in Ukraine to a diplomatic priority between South Korea and Ukraine. The argument calls for direct communication between the two nations’ leaders and the potential dispatch of special envoys.
Kim Tae-won, Director of the Planning and Coordination Department, and Lee Kyu-chang, Director of the Human Rights Research Office at the Korea Institute for National Unification, presented their findings in a report titled, Tasks and Considerations for the Repatriation of North Korean POWs to South Korea: In Light of MBC’s PD Notebook Report. They argued that if Russia demands the repatriation of North Korean POWs, Ukraine could face diplomatic pressure. Consequently, they assert that the South Korean government should proactively pursue the repatriation to South Korea before any potential return to Russia becomes imminent.
The report expressed grave concerns about the severe penalties North Korean POWs might face if returned to North Korea. North Korean law prescribes a minimum of five years of hard labor for treason, with more severe punishments, including life imprisonment or execution, for serious offenses. The report noted that the POWs’ expressed desire to return to South Korea through foreign media interviews could be classified as a serious offense, significantly increasing their risk of facing capital punishment.
Even if they escape execution, the POWs face a high risk of imprisonment in political prison camps, effectively amounting to life sentences. The report emphasized that there is a substantial risk of detention in political prison camps, particularly those involving intense forced labor, and highlighted numerous documented cases of individuals imprisoned for anti-state and anti-national crimes.
Furthermore, the report contended that North Korean POWs should be considered subjects of constitutional protection. It stated that according to Article 3 of the South Korean Constitution (which defines the territory of the Republic of Korea as the Korean Peninsula and its adjacent islands), North Korean POWs are considered citizens of South Korea. This interpretation reflects a constitutional duty to protect citizens, adheres to the international law principle against forced repatriation, and upholds human rights protections.
In light of these considerations, the report proposed high-level diplomatic efforts as a solution. It asserted that to resolve the currently stalled repatriation of North Korean POWs, direct communication between the leaders of South Korea and Ukraine is essential. The report also recommended dispatching a bipartisan special envoy team to conduct practical negotiations with local detention facility officials.
Additionally, it noted that the period around the fourth anniversary of the Russia-Ukraine war (upcoming on February 24) could present a diplomatic opportunity, allowing the North Korean POW issue to become a central agenda item in potential peace negotiations.
The report also stressed the importance of involving the International Committee of the Red Cross (ICRC) in the process. It explained that fairly verifying the POWs’ voluntary intentions aligns with international practices, and securing their registration as protected persons along with verification documents would be the most effective means to counter any North Korean claims of forced repatriation.
Moreover, it emphasized the need to establish a comprehensive settlement support system in preparation for the potential arrival of North Korean POWs in South Korea. The report pointed out that since the signing of the Korean War armistice agreement in 1953, no North Korean POWs have been repatriated to South Korea. It highlighted that these individuals possess unique characteristics, including military experience, wartime trauma, exposure risks, and family separation.
Consequently, the report recommended implementing specialized psychological treatment and trauma therapy programs, tailored vocational training for former soldiers, enhanced personal protection measures, and family psychological support for these individuals.
