중국내 탈북자의 난민협약 적용성 연구 - 하버마스의 의사소통행위론 중심으로 -

The research purpose of this study is to discuss the applicability of the Refugee Convention of North Korean defector in China in terms of Habermas' theory of communicative action. The Chinese government has regulations the North Korean defector as economic immigrants or illegal border crossings. North Korean defector are being arrested and repatriated without proper refugee procedures. The position of the international community and the United Nations High Commissioner for Refugees (UNHCR) is demanding to be recognized as refugees and prohibits forced repatriation of North Korean refugees on the basis of the Protocol and the UN Refugee Convention. Habermas presented evidence of human rights guaranteed by the law theory is about the imperative that must receive protection in terms of legitimacy and law definition. The main issues of the Habermas' theory of communicative action is a matter of trust between members trying to communicate. And to act in a rational and reasonable communication in the equal environment without coerce. North Korean defector in China are being restricted to communicative action in a situation unprotected refugee status on the Refugee Convention.