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12 FEBRUARY 2009. - Act to approve the Convention on Social Security between the Kingdom of Belgium and the Republic of Korea, signed in Brussels on 5 July 2005 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on Social Security between the Kingdom of Belgium and the Republic of Korea, signed in Brussels on 5 July 2005, will come out with its full effect.
Art. 3. The amendments to the provisions of Articles 7 to 9 of the Convention, as provided for in Article 10 of the Convention, shall be effective and effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Independents,
Mrs. S. LARUELLE
The Minister of Pensions,
Ms. M. ARENA
State Seal seal:
Minister of Justice,
S. DE CLERCK
____
Notes
(1) 2007-2008 and 2008-2009 session.
Senate.
Bill tabled on 23 June 2008, No. 4-820/1. - Report, number 4-820/2.
Annales parliamentarians. - Discussion and voting: meeting of 6 November 2008.
Room.
Documents. - Project transmitted by the Senate, No. 52-1561/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1561/2.
Annales parliamentarians. - Discussion and vote: 27 November 2008.
(2) Pursuant to Article 29, this Convention comes into force on 1^er July 2009.

CONVENTION
on Social Security
between
the Kingdom of Belgium
Republic of Korea
The Kingdom of Belgium
And
Republic of Korea,
amidst the desire to settle the mutual relations between the two States in the field of social security, the following agreed:
PART I. - General provisions
Article 1^er
Definitions
1. For the purposes of this Convention:
(a) The term "Belgium" means the Kingdom of Belgium;
the term "Korea" means the Republic of Korea.
(b) The term "national" means:
concerning Belgium: a person of Belgian nationality;
with respect to Korea: a national of the Republic of Korea as defined by "The Nationality Law", as amended.
(c) The term "laws" means the laws and regulations referred to in Article 2.
(d) The term "competent authority" means:
with regard to Belgium: the Ministers responsible, each with respect to it, of the application of the legislation referred to in article 2, paragraph 1^er (a)
with respect to Korea: Minister of Health and Welfare.
(e) The term "organization" means:
with respect to Belgium: the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in Article 2, paragraph 1^er (a)
with respect to Korea: the "National Pension Corporation".
(f) The term "insurance period" means: any period of contribution recognized as such by the legislation under which the period was completed, and any period recognized by that legislation as equivalent to a period of contribution.
g ) The term "boarding" means any pension or cash benefit, including any supplements or increases that are applicable under the legislation referred to in section 2.
(h) The term "family member" means: any person defined or admitted as a family member or designated as a household member by Belgian and Korean legislation, respectively.
(i) The term "patride" means: any person defined as stateless in section 1^er of the 28 September 1954 Convention relating to the Status of Stateless Persons.
(j ) The term "refugee" means: any person who has been granted refugee status under the Convention of 28 July 1951 relating to the Status of Refugees and the Additional Protocol of 31 January 1967.
2. Any term not defined in paragraph 1^er of this section has the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Convention applies:
(a) with regard to Belgium, the relevant legislation:
(i) retirement and survival pensions for employees and self-employed persons;
(ii) the disability insurance of employed workers, merchant marine sailors, minor workers and self-employed persons;
and, with respect to Part II only, the relevant legislation:
(iii) social security of employed workers;
(iv) the social status of independent workers;
(b) with respect to Korea: the National Pension Act and its regulations.
2. This Convention will also apply to all legislative or regulatory acts that will amend or supplement the legislation listed in paragraph 1 of this Article.
It shall apply to legislative or regulatory acts that extend existing regimes to new categories of beneficiaries if there is not, in this regard, opposition from the Contracting State that amends its legislation, notified to the other Contracting State within six months from the official publication of the said acts.
This Convention shall not apply to legislative or regulatory acts establishing a new social security branch unless an agreement is reached between the competent authorities of the Contracting States.
3. Except as otherwise provided in this Convention, the legislation referred to in paragraphs 1^er and 2 of this article shall not include treaties or other international social security agreements concluded between one of the Contracting States and one third State or legislation promulgated for their specific application.
Article 3
Field of personal application
Unless otherwise provided, this Convention shall apply:
(a) persons who are or have been subject to the legislation of one of the Contracting States and who are:
(i) nationals of one of the Contracting States, or
(ii) stateless persons or refugees recognized by one of the Contracting States,
and members of their families and survivors;
(b) family members and survivors of persons who have been subjected to the legislation of one of the two Contracting States, regardless of the nationality of the latter when such family members or survivors are nationals of one of the Contracting States or stateless persons or refugees recognized by one of the Contracting States.
Article 4
Equal treatment
Unless otherwise provided in this Convention, the persons referred to in Article 3 shall be subject to their obligations and shall be entitled to the law of each Contracting State under the same conditions as the nationals of that State.
Article 5
Export of pensions
l. Unless otherwise provided in this Convention, pensions acquired under the legislation of one of the Contracting States shall not be subject to any reduction or modification as the beneficiary resides or resides in the territory of the other Contracting State.
2. Pensions due by one of the Contracting States shall be paid to nationals of the other Contracting State who reside in the territory of a third State under the same conditions as laid down in the national legislation of the first Contracting State for its nationals residing in the territory of that third State.
Article 6
Reduction or suspension clauses
The reduction or suspension clauses provided for in the legislation of a Contracting State, in the event of a cumulative pension with other social security benefits or with other professional income, shall be applicable to the beneficiaries, even if the benefits acquired under a scheme of the other Contracting State or if the relevant professional activities are carried out in the territory of the other Contracting State.
However, this rule is not applicable to the accumulation of two similar pensions.
PART II. - Provisions determining the applicable legislation
Article 7
General rules
1. Subject to Articles 8 to 10, the applicable legislation shall be determined in accordance with the following provisions:
(a) a person exercising an employee or independent professional activity in the territory of a Contracting State shall be subject to the law of that State;
(b) the person who is a member of the rolling or navigating personnel of a company performing, on behalf of others or on their own behalf, international transport of passengers or goods having their seat in the territory of a Contracting State shall be subject to the law of that State.
2. In the event of a simultaneous exercise of an independent professional activity in Belgium and wage earner in Korea, the activity carried out in Korea is assimilated to an employee activity carried out in Belgium, with a view to fixing obligations arising from Belgian legislation relating to the social status of independent workers.
3. The person exercising an independent professional activity in the territory of either Contracting State shall be subject only to the legislation of the Contracting State in the territory of which it has its habitual residence. For the determination of the amount of income to be taken into account in respect of contributions due under the legislation of that Contracting State, consideration shall be given to the professional income of the independent made in the territory of the two States in accordance with their respective laws.
Article 8
Special rules
1. The employee who, being in the service of a company having in the territory of one of the Contracting States an establishment of which he or she normally belongs, shall be detached by that undertaking in the territory of the other Contracting State to carry out work on behalf of the other Contracting State, shall remain subject to the law of the first State as if he or she continued to be occupied in his or her territory provided that the foreseeable duration of the work to be carried out does not exceed 60 months. Members of the family accompanying the employee shall be subject to the legislation of that first Contracting State unless they carry out professional activities.
2. In the event that the detachment continues beyond the period mentioned above, the mandatory insurance legislation of the first Contracting State will remain applicable provided that the competent authorities of the two Contracting States or the bodies designated by them accept the joint request of the worker and the employer.
Article 9
Officials, members of diplomatic missions and consular posts
1. Civil servants and assimilated personnel are subject to the legislation of the Contracting State under which the administration which occupies them is responsible. Such persons, as well as members of their families, are considered to be resident in that Contracting State, even if they are in the other Contracting State.
2. (a) Nationals of a Contracting State sent by the Government of that Contracting State in the territory of the other Contracting State as members of a diplomatic mission or consular post shall be subject to the legislation of the first Contracting State.
(b) Persons who are nationals of a Contracting State, engaged by a diplomatic mission or by a consular post of that Contracting State in the territory of the other Contracting State shall be subject to the legislation of the first Contracting State.
However, such persons may opt for the application of the legislation of the other Contracting State by agreement of their employer within six months from the commencement of the occupation or the date of entry into force of this Convention.
Persons not covered by the above provisions of this littera are subject to the law of the other Contracting State.
(c) Where the diplomatic mission or consular post of one of the Contracting States occupies persons who, pursuant to paragraph 1 (b) of this paragraph, are subject to the legislation of the other Contracting State, the mission or post shall take into account the obligations imposed on employers by the law of the latter Contracting State.
(d) The provisions of littera (b) and (c) of this paragraph shall apply by analogy to persons in private service of a person referred to in paragraph (a) of this paragraph.
(e) The provisions of littera (a) to (d) of this paragraph shall not apply to honorary members of a consular post or to persons occupied in the private service of such persons.
(f) The provisions of this paragraph shall also apply to family members of persons referred to in littera (a) to (d), living in their homes, unless they themselves engage in professional activity.
Article 10
Amendment provision
The competent authorities may, in common agreement, make amendments to the provisions of Articles 7 to 9 in the interest of certain insured persons or certain categories of insured persons, provided that the persons concerned are subject to the legislation of one of the Contracting States.
PART III. - Provisions concerning Pensions
CHAPTER 1. - Provisions concerning Belgian pensions
Section 1^re. - Retirement and Survival Pensions
Article 11
1. Subject to the provisions of paragraph 2, the insurance periods in accordance with Korean pension legislation shall be totaled as necessary, provided that they do not overlap, with the insurance periods under Belgian law, with a view to the acquisition, maintenance or recovery of the right to pensions.
2. When Belgian legislation subordinates the granting of certain pensions provided that the insurance periods have been completed in a specified profession, for admission to the benefit of such pensions, only the insurance periods completed or recognized equivalent in the same profession in Korea.
3. When Belgian legislation subordinates the granting of certain pensions provided that the insurance periods have been completed in a specified profession and when these periods have not been able to give the said pensions, these periods are considered valid for the determination of pensions provided for by the general pension scheme of the employed workers.
Article 12
1. When the person meets the conditions required by Belgian legislation to be entitled to pensions without the need to complete the pension, the Belgian agency calculates the right to pension directly on the basis of insurance periods in Belgium and according to Belgian legislation alone.
This organization also calculates the amount of pension that would be obtained by application of the rules set out in paragraph 2, littera (a) and (b). The highest amount is only retained.
2. If a person can claim a pension under Belgian legislation, whose right is only open given the totalization of insurance periods in accordance with Article 11, the following rules apply:
(a) the Belgian agency calculates the theoretical amount of the pension that would be payable if all insurance periods carried out under the laws of the two Contracting States had been carried out only under Belgian law;
(b) the Belgian agency then calculates the amount due, on the basis of the amount referred to in littera (a), to the prorated duration of the insurance periods under its sole legislation in relation to the duration of all insurance periods recorded under littera (a).
Section 2. - Disability insurance
Article 13
For the acquisition, retention or recovery of the right to disability pension, the provisions of Article 11 shall apply by analogy.
Article 14
1. If the right to Belgian disability pension is opened only by totalisation of Korean and Belgian insurance periods made in accordance with Article 13, the amount of the pension due shall be determined in accordance with the terms and conditions set out in Article 12, paragraph 2.
2. Where the right to Belgian disability pension is open without the need to appeal to the provisions of Article 13, and the amount resulting from the addition of the Korean pension and the Belgian pension calculated under paragraph 1^er of this article, is less than the amount of the pension due on the basis of the only Belgian legislation, the competent Belgian agency allocates an equal complement to the difference between the sum of the above-mentioned pensions and the amount due under the only Belgian legislation.
Article 15
1. By derogation from the provisions of Article 11, paragraph 1 and Article 14, the rights to disability pensions of workers who have been occupied in mines or quarries with underground exploitation in Belgium and Korea are determined according to the rules set out in Article 12, when, in the light of the periods totalized for this purpose, these workers meet the conditions provided for in the Belgian special legislation on the disability of minor and assimilated workers.
2. For the purposes of paragraph 1^er, are totaled with periods of actual occupation or assimilated in Belgian underground mining or quarries, periods of insurance in the same occupation exercised in the territory of Korea, both for the acquisition and for the determination of the law.
3. If, in view of the periods thus totaled, the person concerned does not meet the conditions required to benefit from the pensions provided for in the Belgian special legislation on the disability of minor and assimilated workers, the periods of actual occupation or occupation in the mines or careers with Belgian underground exploitation are taken into account in the granting of pensions of the disability insurance scheme of employed workers.
Article 16
The holder of a disability pension under Belgian law shall retain the benefit of that pension during a stay in the other Contracting State, where that stay was previously authorized by the competent Belgian body. However, this authorization may only be refused when the stay is in the period in which, under Belgian law, the competent Belgian body must conduct the assessment or review of the condition of disability.
CHAPTER 2. - Provisions concerning Korean pension
Article 17
Totalization and pensions
1. If a person cannot claim retirement and survival pensions under Korean legislation on the basis of insurance periods exclusively under Korean legislation, the Korean body takes into consideration the insurance periods of the person under Belgian law, provided that they do not coincide, in order to determine the rights of the person to pension under Korean legislation.
2. In order to obtain the benefit of a disability or survival pension, the condition of Korean legislation that a person must be covered when the insured risk occurs will be considered to be met if the person is covered for a pension under Belgian law for a period during which the insured risk occurs.
3. For the purposes of paragraph 1^er, periods of insurance recognized by Belgian legalization as periods of insurance carried out in a specified profession will be considered equivalent periods of activity under Korean legislation only to the extent that the activities carried out in Belgium are those of the same occupation recognized under Korean legislation.
4. Where periods of insurance under Belgian legislation are taken into consideration in order to establish the right to pension under Korean legislation in accordance with paragraph 1^er and 2 of this article, the pension due shall be determined as follows:
(a) The Korean body first calculates an amount of pension equal to the amount that would be due to the person if all insurance periods under the laws of the two Contracting States had been fulfilled under Korean legislation. In order to determine the amount of the pension, the Korean body takes into account the average regular monthly income of the person subject to Korean legislation.
(b) The Korean agency calculates the partial pension due in accordance with Korean legislation on the basis of the amount of pension calculated in accordance with the preceding littera, prorated the duration of the insurance periods taken into account in accordance with its own legislation in relation to the duration of all insurance periods taken into account under the laws of the two Contracting States.
5. The lump-sum refunds are granted to nationals of the other Contracting State under the same conditions as those applicable to Korean nationals. However, lump-sum reimbursements for third-country nationals are granted in accordance with Korean legislation.
6. The provisions of Korean legislation limiting the right to disability or survival pensions due to non-payment of contributions at the time the person met the other conditions for granting the pension are applicable for the period covered by Korean legislation.
CHAPTER 3. - Common provisions
Article 18
1. If, due to the increase in the cost of living, the change in the level of wages or other accommodation, the old age, survival or disability pensions of one of the Contracting States are amended by a percentage or amount determined, that percentage or amount shall be applied directly to the old age, survival or disability pensions of that Contracting State, without the other Contracting State having to make a new calculation of the pension
2. However, in the event of a change in the method of establishment or the rules for calculating old age, survival or disability pension, a new calculation is made in accordance with section 12, 14 or 17.
PART IV. - Miscellaneous provisions
Article 19
Responsibilities of competent authorities
The competent authorities:
(a) Take, by administrative arrangement, the necessary measures for the application of this Convention, including measures for the consideration of insurance periods, and designate liaison agencies and relevant agencies;
(b) define the administrative mutual assistance procedures, including the allocation of expenses related to obtaining medical, administrative and other certificates required for the purposes of this Convention;
(c) disclose directly any information regarding measures taken to implement this Convention;
(d) notify, as soon as possible, any amendments to their legislation that may affect the application of this Convention.
Rule 20
Administrative collaboration
1. For the purposes of this Convention, the competent authorities and the competent bodies of each of the Contracting States shall, inter alia, lend themselves to their good offices concerning the determination of the right to and payment of any pension granted under this Convention, as if it were the application of their own legislation. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain costs.
2. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one of the Contracting States for the documents or documents to be produced for the application of the legislation of that State is extended to similar documents and documents to be produced for the application of the legislation of the other State.
3. Certificates and documents to be produced for the purposes of this Convention shall be exempted from the legalization visa of diplomatic or consular authorities.
Copies of certified documents in accordance with a body of one of the Contracting States shall be accepted as certified copies by a body of the other Contracting State, without subsequent legalization.
4. For the purposes of this Convention, the competent authorities and the competent bodies of the Contracting States are empowered to correspond directly with each other and with any person, irrespective of his or her residence. Correspondence may be made in one of the official languages of the Contracting States.
It is not permissible that an application or document be rejected by the competent authority or the competent authorities of a Contracting State, only because the drafting was carried out in an official language of the other Contracting State.
Article 21
Requests, declarations and remedies
1. Requests, declarations or appeals that should have been brought, according to the law of a Contracting State, within a specified period of time, to an authority or agency of that Contracting State, shall be admissible if they are brought within the same period to an authority or agency of the other Contracting State. In such cases, requests, declarations or appeals must be sent promptly to the authority or body of the first Contracting State either directly or through the competent authorities of the Contracting States.
The date on which such requests, declarations or appeals have been filed with an authority or agency of the other Contracting State shall be considered to be the date on which the authority or agency competent to know them.
2. An application for pension under the legislation of one of the Contracting States will be considered to be also a request for a pension of the same nature under the legislation of the other Contracting State provided that the applicant wishes it and provides information from which it appears that the periods of insurance have been fulfilled under the legislation of the other Contracting State.
Article 22
Confidentiality of information
Unless otherwise provided in the national laws and regulations of a Contracting State, information concerning a person, communicated in accordance with this Convention to the competent authority or competent body of that Contracting State by the competent authority or competent body of the other Contracting State shall be used exclusively for the purposes of this Convention and the legislation to which this Convention is applicable. This information communicated to the competent authority or the competent body of a Contracting State shall be subject to the application of the national laws and regulations of that Contracting State concerning the protection of privacy and the confidentiality of personal data.
Article 23
Payment of pensions
1. An organization of a Contracting State may validly release pensions in respect of a person residing in the territory of the other Contracting State in the currency of that Contracting State. If pensions are paid in the currency of the other Contracting State, the conversion rate will be the exchange rate in force on the day the pensions are paid.
2. In the event that a Contracting State imposes monetary control measures or other similar measures limiting payments, payments or transfers of funds or financial instruments to persons outside that Contracting State, it shall take without delay appropriate measures to ensure payment of any amount to be paid in accordance with this Convention to persons defined in Article 3 who reside in the other Contracting State.
Article 24
Settlement of disputes
Disputes relating to the interpretation and enforcement of this Convention shall be settled, to the extent possible, by the competent authorities.
PART V. - Transitional and final provisions
Rule 25
Eventualities prior to the entry into force of the Convention
1. This Convention also applies to any event that has occurred prior to its entry into force.
2. This Convention does not open any pension entitlement for a period prior to its entry into force.
3. Any period of insurance under the law of one of the Contracting States before the date of entry into force of this Convention shall be taken into consideration for the determination of the right to pension in accordance with the provisions of this Convention.
4. None of the Contracting States shall be obliged to take into account periods of insurance prior to the earliest date on which periods of insurance may be recognized under its legislation.
5. This Convention does not apply to rights that have been liquidated by the granting of a lump sum allowance or the reimbursement of contributions.
6. For the purposes of Article 8 to persons sent to a Contracting State before the date of entry into force of this Convention, the periods of occupation referred to in this Article shall be deemed to begin on that date.
Rule 26
Revision, prescription, termination
1. Any pension that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of the Contracting State other than the territory of the debtor body is at the request of the person concerned, liquidated or restored from the date of entry into force of this Convention.
2. The rights of persons who have obtained, prior to the entry into force of this Convention, the liquidation of a pension shall be revised upon request, taking into account the provisions of this Convention. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted within two years from the date of entry into force of this Convention, the rights opened in accordance with the provisions of this Convention shall be acquired from that date, without the provisions of the legislation of either Contracting State, relating to the determination or limitation of rights, being enforceable against the persons concerned.
4. If the request referred to in paragraphs 1^er or 2 of this article shall be submitted after the expiration of a period of two years following the entry into force of this Convention, the rights which are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the law of the Contracting State concerned.
Rule 27
Duration
This Convention shall be concluded for an indefinite period. It may be denounced by one of the Contracting States by written notification addressed to the other State with a twelve-month notice.
Rule 28
Guarantee of acquired or acquired rights
In the event of denunciation of this Convention, the rights and payments of pensions acquired under the Convention shall be maintained. Contracting States shall make arrangements with respect to acquisition rights.
Rule 29
Entry into force
This Convention shall enter into force on the first day of the third month following the date of receipt of the note by which the last of the two Contracting States has served the other Contracting State that all formalities required by national legislation are fulfilled.
In faith, the undersigned, duly authorized, have signed this Convention.
Done in Brussels on 5 July 2005, in duplicate, in the English, Korean, French and Dutch languages, the four texts being equally authentic. In the event of a discrepancy of interpretation, the English text will prevail.