South Korea President Lee Jae Myung Expresses Regret Over Ukraine Transfer

Inside Seoul’s 90-Day Security Screening

Seoul’s Unification Ministry stated that the cases would be reviewed under relevant laws and past practices, pointing to the North Korean Defectors Protection and Settlement Support Act. Under this legislation, the National Intelligence Service investigates applicants in temporary protective custody to verify their identities, reasons for leaving North Korea, and security-related matters.

The investigation and temporary protection can last up to 90 days, with potential extensions in unavoidable circumstances. Given the military backgrounds of the two men, who served in North Korean special forces, authorities expect more extensive debriefings regarding Pyongyang’s training, military capabilities, and participation in the war. Yu Yong-weon, an opposition lawmaker who met the soldiers in Ukraine in February 2025, noted that they could provide valuable intelligence on North Korea’s deployment to Russia.

Classified Debriefings and Isolation Aftermath

The Unification Minister normally determines whether a North Korean arrival qualifies for protection, though the National Intelligence Service director can make that decision on national security grounds. Yu told Reuters that the sensitivity of the case could keep the soldiers out of public view longer than typical arrivals. Authorities are also assessing the physical and psychological condition of the men, who had been held separately at a Ukrainian detention facility where prolonged isolation and uncertainty may have affected their mental health.

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A Broken Non-Disclosure Agreement

The transfer has triggered an escalating diplomatic dispute between Seoul and Kyiv. South Korean President Lee Jae Myung expressed regret on X, stating that Ukraine had broken a non-disclosure agreement regarding the operation. South Korean officials maintained that Kyiv requested secrecy to avoid domestic criticism over passing up an opportunity to exchange the soldiers for a large number of Ukrainian prisoners, citing safety considerations for the men and their families.

Following Zelenskyy’s UN speech disclosing the transfer, Lee’s office called a subsequent response from Dmytro Lytvyn, an adviser to Zelenskyy, “false” and argued that Kyiv’s conduct seriously damaged trust between the two governments. The South Korean foreign ministry summoned Ukraine’s chargé d’affaires in Seoul on Monday, demanding an apology at the governmental level.

Calls to Review the $100 Million Aid Package

The diplomatic fallout has drawn criticism from within Lee’s political camp. Democratic Party lawmaker Kim Byung-joo asserted there was no reason or need to support Ukraine and urged the government to review its $100 million aid package immediately.

Geneva Conventions and Third-Country Transfer

The transfer has also drawn attention to international legal frameworks governing prisoners of war. The Third Geneva Convention requires prisoners of war to be released and repatriated without delay after active hostilities end, though that does not strictly prohibit earlier release or transfer to a third country. Neither South Korea nor Ukraine has publicly disclosed the legal basis for the transfer, including whether it formally terminates the soldiers’ prisoner-of-war status.

Peter Ward, a research fellow at the Sejong Institute, said repatriation is a basic principle for prisoners of war but should not apply when it threatens an individual’s welfare or human rights. International humanitarian and human rights law provides ample basis for prisoners of war to transfer to a third country of their choice if that country is willing to accept them, according to Ward. Lee Shin-wha, a Korea University professor and former envoy for North Korean human rights, added that international human rights law weighs against returning soldiers to a jurisdiction where they face a real risk of torture or persecution.