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The refugee is Homo Sacer in modern nation-states. The existential and legal instability of refugees in the contemporary world raises profound questions about the limits and scope of humanity, human rights, and sovereignty. This essay aims to thoroughly analyze Abdulrazak Gurnah's By the Sea, in order to explore the problems faced by refugees, particularly African refugees. Abdulrazak Gurnah is a Tanzanian-British novelist who was born in Zanzibar, Tanzania, and sought refuge in the United Kingdom. In general, Gurnah's By the Sea delves into themes of migration, refugees, identity, and (post)colonialism. Despite being awarded the 2021 Nobel Prize in Literature for his efforts to vividly unravel the hidden stories of African refugees, there has been limited research on Gurnah's works in Korea. This essay investigates the complexities surrounding the legal and ethical definitions of refugees, leading to an analysis of the novel to explore the meanings behind Omar's melancholic journey of becoming a refugee and Leif's distinct journey as an intellectual refugee. Both Omar and Leif flee their home country due to political persecution and familial feuds, with the novel revealing the opaque and complex history of Zanzibar as its backdrop. The essay also delves into the significance of Omar's claim of becoming a Muslim-Bartleby and Leif's identity crisis. Finally, the essay discusses the ethical and political implications of the coming community as a community of refugees portrayed in the novel.