상상된 공감, 소통의 시학 －『나마스테』에 나타난 법과 인권의 문제를 중심으로－

Abstract

Namaste is the work that treats the industrial training system, employment permit system, legal matter for the marriage between migrant worker and Korean lady and the nationality act in the realism. This study has clarified the conflict aspect between legal narration and literary narration and looked into the possibility raised by the literary imagination beyond the law The continuous deaths of the migrant works, who are under the illegal stay restriction and the compulsory deportation and the situation of violation of the human rights before the employment permit system is executed, show that the human rights in the national state belongs to the citizens of specific nation. Meanwhile, the nationality act, which the gender is discriminated in the patriarchy that the marriage between foreign male and Korean female is exclusive and based on the pure-blood principle, is not being from the one lining the territory of the national state. Namely, the migrant workers, who exist being bared lives, all the rights being deprived, disclose the fiction of the modern sovereign right to establish the legal order as the place asking back the continuity between human and citizen, and between birth and nationality. Namaste, in order to overcome the legal limit of such law, lets the readers form the imaged sympathy through the identification effect for the reliable friend. It creates the sensitivity for the human rights by stirring the hostility against the injustice and the feeling of solidarity. Furthermore, the writer stresses the importance of communication to form the sympathy. It makes the grade of rank for the linguistic resources void and attracts the batter into the communication place by letting us hear various Nepali languages including the Tibetan myth and the terms related to the religion through the ignition of Camil. The literary imagination of Namaste, which describes such languages of communication, can enter in the legal order, which based on the jus sanguinis and the nationalism and give the effect to improvement of the legal system. Namaste is the work that treats the industrial training system, employment permit system, legal matter for the marriage between migrant worker and Korean lady and the nationality act in the realism. This study has clarified the conflict aspect between legal narration and literary narration and looked into the possibility raised by the literary imagination beyond the law The continuous deaths of the migrant works, who are under the illegal stay restriction and the compulsory deportation and the situation of violation of the human rights before the employment permit system is executed, show that the human rights in the national state belongs to the citizens of specific nation. Meanwhile, the nationality act, which the gender is discriminated in the patriarchy that the marriage between foreign male and Korean female is exclusive and based on the pure-blood principle, is not being from the one lining the territory of the national state. Namely, the migrant workers, who exist being bared lives, all the rights being deprived, disclose the fiction of the modern sovereign right to establish the legal order as the place asking back the continuity between human and citizen, and between birth and nationality. Namaste, in order to overcome the legal limit of such law, lets the readers form the imaged sympathy through the identification effect for the reliable friend. It creates the sensitivity for the human rights by stirring the hostility against the injustice and the feeling of solidarity. Furthermore, the writer stresses the importance of communication to form the sympathy. It makes the grade of rank for the linguistic resources void and attracts the batter into the communication place by letting us hear various Nepali languages including the Tibetan myth and the terms related to the religion through the ignition of Camil. The literary imagination of Namaste, which describes such languages of communication, can enter in the legal order, which based on the jus sanguinis and the nationalism and give the effect to improvement of the legal system.