ON MARCH 6, Rhee Ken—a YouTuber and a former captain of South Korean Navy SEAL (Sea, Air, and Land)—posted a short message on social media confirming his departure to Ukraine to serve as a foreign mercenary, amidst the Eastern European country’s war against Russia[1]. Following his statement, the South Korean Ministry of Foreign Affairs (MOFA) reported his mini-troops to the police for violating passport law[2]. Although Ukrainian President Zelensky did call for the help of foreign mercenaries, Lee’s action cannot be excused under the domestic traveling ban that has been imposed regarding Ukraine. When the situation involves intricate interstate relations, abiding by one’s home country’s law should be a priority over one’s willingness to be involved—especially when the cost of a single person’s deviance outweighs their potential contribution on a battlefront.

Where does Rhee stand?

   In 2020, Rhee gained popularity through a YouTube reality show “Fake Men” featuring Underwater Demolition Team’s (UDT) military training and drills. While his current profile as a civilian working as a military consultant for mercenaries and an owner of a military-related content Youtube channel after his retirement from the Navy SEAL may be uninteresting, his charismatic leadership brought him into the limelight after “Fake Men” aired. In short, his only merit currently is his extensive background from working in South Korea’s special operation force.

   Rhee did reveal on March 6 that he had gone off to Ukraine with a few of his reliable teammates despite having been threatened by the South Korean government that it will be awaiting for them as soon as they return[3]. In the same breath, he claimed his team’s profession and accumulated knowledge over the past years as meaningful contributions to the Ukraine military force[4]. While some may wonder why his decision to join the Ukrainian force concerns the South Korean government, its concerns are valid. When Ukraine was designated a “no-travel zone” on February 13th, the MOFA reaffirmed some exceptional cases based on domestic passport law: passports are valid for news coverage, public duties, and permanent residence; any other cases are strictly prohibited[5]. Rhee’s self-proclaimed purpose does not serve any of these terms. It has been explicitly noted that those who do not comply with the relevant clauses would have to serve a year in jail or be fined[6]. A nation’s responsibility is to provide protection for its citizens, as long as they respect the legal boundaries set by its government—it is questionable whether Rhee has fulfilled his part of the bargain. 

Potential problems

   Ambiguities about the extent of mercenaries’ role during war and the amount of protection they may enjoy under international law is a recurring issue. Rhee’s case hedges on the latter part of this predicament. Typically, when soldiers serving their official duties are captured, they most likely need to be handed over to their home countries through an official process, a condition not completely applicable to mercenaries[7]. The Russian government publicized that foreign mercenaries would have to put up with criminal punishment, which raises problems in the case Rhee is captured as he could become a political pawn used against the South Korean government[8]. South Korea has been blacklisted as one of Russia’s unfriendly countries along with other allies of the United States; under these circumstances, the South Korean government would be handicapped if it were to negotiate Rhee’s repatriation with Russia. South Korea traditionally takes a fine line approach in contentious diplomatic situations, considering its complicated geopolitical situation. Even for the recent Ukrainian crisis, it has been keeping its position low-key to avoid direct confrontation with Russia. The government had been very meticulous about stressing that financial aid for Ukraine was based on “humanitarian grounds”[9]. However, the responsibility South Korea has over Rhee, who is unapproved military personnel and mercenary but also a Korean citizen, can complicate the government’s political stance.

*                 *                 *

   Rumors surrounding his actual presence in Ukraine have been occasionally addressed by Rhee and the Ukraine Ministry of Defense. While wishing for his safe return is the only viable option for the South Korean government for now, Rhee’s imprudent actions still need to be re-evaluated under the rule of law.

[1] Rhee’s Instagram

[2] Financial News

[3] Rhee’s Instagram

[4] Rhee’s Instagram

[5] Ministry of Foreign Affairs 

[6] Ministry of Foreign Affairs 

[7] Financial Policy

[8] Yonhap News

[9] JoongAng Ilbo