The South Korean Foreign Ministry declared Thursday that North Korean prisoners of war captured by Ukrainian forces are considered citizens of the Republic of Korea under its constitution, marking a bold assertion of sovereignty over the entire Korean Peninsula.
Constitutional Claim
Deputy spokesperson Lee Moon-bae stated that Seoul has maintained this position "since the outset" and has conveyed it to Ukrainian authorities. The statement, while brief, carries profound implications for the diplomatic status of North Korean soldiers fighting in Russia's war against Ukraine.
Under South Korea's constitution, the entire Korean Peninsula is considered ROK territory, making all ethnic Koreans theoretically eligible for South Korean citizenship. This provision, a remnant of the unresolved Korean War that ended in armistice rather than peace treaty in 1953, has rarely been invoked with such geopolitical consequence.
"We have conveyed our stance to the Ukrainian side from the outset," Lee told reporters at a regular briefing. "Specific details cannot be shared due to sensitivity surrounding the prisoners' safety and welfare."
Media Coverage Concerns
The Foreign Ministry's announcement came alongside an unusual appeal to news organizations regarding coverage of the captured soldiers. A ministry official requested outlets protect the prisoners' identities following MBC's broadcast of interviews featuring two POWs with visible faces.
In those interviews, the captured soldiers discussed their uncertain futures and expressed fears about returning to North Korea, where defectors and POWs historically face severe punishment. The Foreign Ministry emphasized that "individuals involved should be protected in media coverage" and are entitled to "humane treatment under international law."
Diplomatic Complexity
The situation presents Ukraine with a delicate diplomatic challenge. While Kyiv has cultivated relations with Seoul, it also cannot ignore the reality that these soldiers carried North Korean military identification and fought under Pyongyang's command structure.
Seoul indicated that consultations with Ukraine regarding the prisoners will continue, though no timeline or specific outcomes were announced. The discussions likely cover questions of custody, eventual disposition, and whether the soldiers wish to resettle in South Korea or seek asylum elsewhere.
Precedent and Practice
While South Korea has long offered citizenship to North Korean defectors—currently numbering around 34,000—the POW situation is unprecedented. These soldiers did not defect voluntarily but were captured in combat, raising questions about their legal status and future options.
The Korean word for this situation, hoesaek jidae (gray zone), captures the ambiguity. Are they prisoners of war, defectors, or citizens? The answer depends on which constitutional framework and international law one applies.
North Korea has not publicly commented on the captures, though Pyongyang's state media typically treats soldiers taken prisoner as traitors who have dishonored their families and the nation.
Watch what they do, not what they say. In East Asian diplomacy, the subtext is the text.
For the captured soldiers, the immediate concern is less about constitutional theory than about survival and the terrifying question: what happens next?
