It has been over a year since Ukrainian forces captured two North Korean soldiers in Russia's Kursk, but the fate of the two men still hangs in the balance as activists accuse the South Korean government of dragging its feet.

The men have asked to relocate to South Korea. In the North, they could face punishment for letting themselves be taken alive.

"I won't survive [going back]. Everyone else blew themselves up. I failed," one of the soldiers told South Korean newspaper Hankook Ilbo.

The United Nations has also weighed in on the issue. The UN special rapporteur on North Korea's human rights record said in February that Ukraine should follow international protocol and not send POWs to a place where they face being tortured.

"I would be grateful of they would take me. If they don't there is nothing I can do," a soldier was quoted as saying by the newspaper.

POWs likely seen as traitors in North Korea

Activists and North Korean defectors told DW that North Korean military doctrine outright prohibits surrender for its soldiers.

"The regime told its soldiers to kill themselves if it appeared they were going to be captured in Ukraine," Kim Eujin, who fled North Korea as a teenager in the 1990s, told DW. 

"These two men did not follow those orders," Kim said, "and they did not die — even if they tried."

"We do not know how the regime will respond to soldiers who did not follow order to kill themselves rather than be captured because it has never happened before," Kim said.

"But my guess is that they will consider them to be traitors," she said. "And it will not only be them: Their families will also be punished."

Retribution against defectors could last generations

In interviews, the men said they did not fear combat in Ukraine, but knew that capture could bring hardship for their families because of the Pyongyang doctrine drummed into them: "A defector brings punishment to three generations."

"Historically, during and after the Korean War, returning POWs were reportedly subjected to forced labor and classified as hostile elements," said Peter Oh from the Free Korean Association, which aims to help North Korean refugees in the United States.

"These detainees likely fear similar consequences if they return," Oh said.

"Repercussions against their families are possible," Oh added. "But the North Korean government may avoid extreme measures to prevent international scrutiny."

Is South Korea's Lee afraid of angering Pyongyang?

Under Article 3 of the South Korean constitution, North Koreans are still considered citizens of the South and are permitted to live in the South.

Over a year since the two soldiers were captured, however, South Korea's government appears less than eager to accept the POWs.

"The delay is due to the complex international legal and diplomatic entanglements involving Ukraine, Russia, North Korea and South Korea," Oh said.

"Although the South Korean government has expressed general interest, it has not taken direct action," Oh said, "likely due to the sensitive geopolitical implications."

At the moment, South Korean President Lee Jae Myung seems eager to improve ties with Pyongyang.

South Korea's constitution also includes Article 4, which focuses on "peaceful relations with the North," Oh added.

"Our position is that, regardless of constitutional interpretation, the soldiers have the right to seek asylum in South Korea or a third country based on their free will," Oh said.

'I do not think they are trying hard enough'

Discussions between Seoul and Kyiv over the fate of the soldiers appear to have stalled.

On February 9, the Korea Institute for National Unification released a report that "direct communication between the leaders of South Korea and Ukraine is essential" to break the deadlock.

Without some sort of agreement, Ukraine may be obliged to hand the men over to Russia.

North Korea has yet to comment publicly on the two POWs in Ukraine, although it is possible that talks have taken place behind the scenes.

Kim said there was nothing stopping Ukraine from releasing the men, and also "nothing in international law" to prevent them from traveling to South Korea.

"They keep saying that it's a 'complicated issue,' but I do not think they are trying hard enough," she said of South Korea's government.

"President Lee, the Unification Ministry and the Foreign Ministry all seem to care more about not upsetting Kim Jong Un than bringing these men to South Korea," Kim said.

"If it was just about their human rights, then they would already have arrived here," she said. "It is almost as if the government here is trying to find reasons for them not to come."

Edited by: Darko Janjevic