/Entry into force: 2014-2015-06-01/
Article 1 of The Convention on social security between Sweden and
South Korea signed in Seoul on september 9th, 2013 to
apply that law in this country. The content of the Convention is clear from
an annex to this law.
for the purposes of paragraph 2 of the Convention, the fee for
sickness compensation and activity compensation determined for the
percentage of the health insurance contribution under the
social tariff Act (2000:980) shall be calculated at the stake
This fee provides funding for sickness and
activity compensation.
Annex
CONVENTION ON SOCIAL SECURITY BETWEEN THE KINGDOM OF SWEDEN
GOVERNMENT AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
The Government of the Kingdom of Sweden and the Government of the Republic of Korea
(hereinafter called "the Contracting States"), which are
regulate the two States ' relationship in the field of social
security, have agreed as follows.
TITLE I
GENERAL PROVISIONS
Article 1
Definitions
1. for the purposes of this Convention:
a) national: with respect to the Republic of Korea (hereinafter referred to as
South Korea), a South Korean citizen, as defined in
Citizenship Act and with respect to the Kingdom of Sweden
(hereinafter referred to as Sweden), a person who is a Swedish citizen,
Article 2
Legislation on which the Convention shall apply
1. this Convention shall apply to the following legislation:
a) in the case of South Korea: national law on pensions,
b) in the case of Sweden:
I) legislation on sickness and
activity compensation,
II) legislation on old-age pensions and earnings
guarantee pensions, as well as
III) legislation on survivors ' pensions and
surviving.
2. this Convention shall also apply to future
legislation change, addition to, brings together or
replace the legislation specified in paragraph 1 of this
article.
3. Notwithstanding paragraph 2 of this article, this
Convention does not apply to the laws, regulations and administrative provisions
extending any of the Contracting States regarding the
legislation to new categories of beneficiaries, if the
Contracting State competent authority, within a period of six months
from the date of such laws and regulations shall enter into
force, in writing, inform the other Contracting
State competent authority that such an enlargement of the
the Convention is not intended. This Convention shall not
apply to legislation introducing a new
branch of social security, unless the competent authorities
agree on such an application.
Article 3
Persons covered by the Convention
This Convention shall apply to any person falling within the scope
of or have been subject to the legislation of any of the
Contracting States and other persons in so far as they
deriving rights from such a person.
Article 4
Equal treatment
Subject to the provisions of this Convention shall, for the purposes
of a Contracting State, the persons
referred to in article 3 cannot be equated with the Contracting State
own nationals.
Article 5
Export of benefits 1.
1. subject to the provisions of this Convention shall benefits
According to a Contracting State is not reduced,
be changed, withdrawn, revoked or declared forfeited by the
the reason that the beneficiary resides or is staying in the
other Contracting State, and the benefits should
be paid out within the other Contracting State
territory.
2. A benefit payable by virtue of this Convention shall
also be paid outside the Contracting States
territory under the same conditions that apply when it is paid
to nationals of the Contracting States when they are
resident outside the territory of the Contracting States.
3. the provisions of paragraphs 1 and 2 of this article shall
not apply to the following benefits in respect of
Sweden:
a) sickness benefits in the form of guaranteed compensation or
activity compensation in the form of guaranteed compensation,
b) guarantee pensions and survivor support.
TITLE II
PROVISIONS CONCERNING THE APPLICABLE LEGISLATION
Article 6
General provisions
1. subject to the provisions of this title, an employee
or a self-employed person working in one of the
the territory of the Contracting States, with regard to the
work, only to be subject to the legislation of this
Contracting State.
2. A self-employed person who ordinarily resides in a
Contracting State and working in both
Contracting States shall, as regards
work, only to be subject to the legislation of the
Contracting State in which the person resides.
Article 7
Broadcasting
1. When a person, who normally works in a Contracting
State for an employer that operates
within the territory of the Contracting State, is emitted by
the employer to work on his behalf within the
other Contracting State, then such person
still covered only by the former Contracting
State, as if the person performed the work in the
the territory, provided that the period of work in the
other Contracting State not expected to
exceed 24 calendar months.
2. If the broadcast continues after the period referred to in
paragraph 1 of this article, the legislation of the former
Contracting State referred to in that paragraph may continue to
apply for a further period of 36 calendar months,
provided that the competent authorities of both the
Contracting States or competent institutions as
States have appointed consents to the employee and
employer's common request.
3. paragraphs 1 and 2 of this article shall also apply to
a worker who is sent by his employer within the
one Contracting State to the employer's
branch or subsidiary in the other Contracting
State territory.
Article 8
Sailors
A person who, if it were not for this Convention, would
covered by both the Contracting States relating to the
because of its position as an officer or crew member on
a ship shall be governed solely by the law of South Korea
If the individual is normally resident in the Republic of Korea and in other cases of
Swedish legislation.
Article 9
Staff of diplomatic missions and consular
authorities and State employees
1. this Convention shall not affect the provisions of
The Vienna Convention on diplomatic relations of 18 april
1961 or the provisions of the Vienna Convention on consular
relations of 24 april 1963.
2. A State employee who is not covered by paragraph 1 in
This article and who is posted to work in the other
Contracting State, shall be subject to
the legislation of the first Contracting State as if
the person performing the work in its territory.
Article 10
Accompanying spouse and children
An accompanying spouse and children under 18 years of age to a person who
working in a Contracting State and which
subject to the legislation of the other Contracting State
in accordance with article 7 or article 9 (2) shall be subject to
the latter State, unless they themselves
employment within the former Contracting State
territory.
Article 11
Derogations from the provisions concerning the applicable legislation
Competent authorities of the Contracting States or the
competent institutions that they have appointed may agree
derogations from the provisions of this title for some
persons or groups of persons, provided that the relevant
persons subject to the legislation of any of the
Contracting States.
TITLE III
PROVISIONS ON BENEFITS
Article 12
Aggregation of insurance periods and calculation of
benefits
1. When periods of insurance completed under the
the legislation of both Contracting States, the
competent institutions in each of the Contracting
States, when determining the right to a
the benefit under the legislation it applies, if necessary
take into account periods of insurance under the other Contracting
State, provided that these periods do not
coincide with periods of insurance completed under its own
legislation.
2. where one of the Contracting State
It is required that the insurance periods must be fulfilled within a certain
professional activity to certain benefits should be granted, should
only periods of insurance completed or recognised
as equal within the same professional activity in accordance with the second
Contracting State it may be aggregated for the right
for these benefits.
3. If a person after the aggregation of insurance periods
in accordance with paragraphs 1 and 2 of this article is not eligible
for a benefit under the legislation of a Contracting State,
should this person's entitlement to the benefit shall be determined by
the aggregation of these periods and such
periods of insurance completed under the legislation
in a third country with which both Contracting States
have a valid social security Convention, or
the corresponding social security co-ordination instruments, as
allows aggregation of insurance periods.
4. The calculation of the benefit shall be determined by applicable
legislation in force in the respective Contracting State unless otherwise
the provisions of this Convention.
Article 13
Special provisions in respect of South Korea
1. in order to receive an invalidity pension or survivor's benefit
should the South Korean regulatory requirements that a person
should be insured when the insurance case occurs is considered
satisfied if the person is insured for a benefit in accordance with the Swedish
legislation at the time the insured event occurs
under South Korean law.
2. When periods of insurance under Swedish legislation to be considered
to determine the right to benefits under South Korean
legislation, in accordance with article 12(1) and paragraph 1 of this
Article, the benefit shall be determined as follows:
(a)) the competent institution in South Korea shall first calculate
the amount of a pension equal to the amount that would have
paid out
to the person if all the insurance periods taken into account under
the legislation of both Contracting States had
completed under South Korean law. To determine the
the amount of the pension, the competent institution of the Republic of Korea
take into account the person's average monthly earnings in the period
When the person was insured under South Korean law.
(b)), the competent institution in South Korea shall calculate how
much of the benefit to be paid out in accordance with
South Korean law, based on the pensionable amount
were calculated in accordance with (a) on the basis of the relationship
between insurance periods, according to the custom
legislation, and the total length of insurance
According to the legislation of both Contracting States.
3. the competent institution in South Korea shall, for the purposes of the
referred to in article 12 and in this article, only take into account
insurance periods with the exception of the periods of residence
under Swedish law, when determining the right to
benefits under South Korean law.
4. Notwithstanding article 4, the repayment of
lump sum determined in accordance with the South Korean
legislation.
5. the provisions of the South Korean legislation restricting
the right to invalidity benefits or survivor's benefits
because of unpaid fees, at the date when the person
otherwise qualified for the privilege, should only be
applicable to the period covered by the South Korean
legislation.
Article 14
Specific provisions relating to Sweden
1. the rules on aggregation in article 12 shall not
apply to the basic requirement of three years ' residence in Sweden for
entitlement to guarantee pension, sickness benefit in the form of
the guarantee compensation or activity compensation in the form of
warranty replacement.
2. For the purpose of determining entitlement to sick pay or
activity compensation, insurance according to Korean
legislation shall be considered as insurance under the Swedish
legislation.
3. in the calculation of income-related sickness compensation or
income-related activity compensation, only income
earned during the time when Swedish legislation was applicable
be taken into account.
4. when calculating the old-age pension schemes linked in
form of tillläggspension which shall be paid in accordance with
Article 12, only periods of insurance completed
According to Swedish legislation to be considered.
TITLE IV
OTHER PROVISIONS
Article 15
The implementing agreement
1. competent authorities of the Contracting States shall enter into
a detailed agreement in which the action is
necessary to implement this Convention.
2. The liaison bodies in each of the Contracting
States shall set out in the implementing agreement.
Article 16
Exchange of information and mutual assistance
1. competent authorities of the Contracting States and
the competent institutions shall, within their respective
areas of responsibility:
a) to the extent permitted by applicable
legislation, provide each other with all the information necessary
for the application of this Convention,
b) assist each other in terms of determining the right to,
or the payment of, any benefit under this
Convention, or the legislation to which this Convention is
applies to, as if the matter had been the implementation of the
own legislation;
c) as soon as possible, inform each other of the measures
taken for the application of this Convention and on the
changes in their respective legislation which may affect the
the application of this Convention.
2. The assistance referred to in paragraph 1 (b) of this article shall be
free of charge, unless the States agree on some
the exception in the implementing agreement concluded in
accordance with article 15(1).
3. The competent institutions shall annually Exchange statistics,
which shall be specified in the implementing agreement.
Article 17
Protection of personal data
Unless otherwise provided in the national legislation of
a Contracting State information about an individual,
which, in accordance with this Convention to be forwarded to the
competent authority or the competent institutions in the
This state of the competent authority or competent
institutions in the other State, to be used exclusively for
to apply this Convention and the legislation to which this
Convention applies to. The information is received by a
the competent authority or competent institution of one
Contracting State shall be treated in accordance with the
Contracting State's national legislation on the protection and
privacy of personal data.
Article 18
Exemption from costs and certification of document
1. Where under the legislation of one of the
Contracting States stipulates that any act that is given
to the competent authority or competent
institution of that State shall be exempted, wholly or partly,
from fees or charges, including consular and
administrative fees, this shall also apply to the corresponding
document to be filed with the competent authority or the
competent institution of the other Contracting State in
the application of this Convention or of the law of
the other Contracting State.
2. Documents and certificates as shown by the competent
authority or the competent Department in either
Contracting State in connection with the application of this
Convention or the legislation of the other Contracting
the State shall be exempt from the requirements for the certification of
diplomatic or consular authorities or similar
formalities.
3. Copies of documents which are certified as exact and with
the originals-compliant copies of the competent
authority or the competent institution of a
a Contracting State shall be accepted as accurate and with the originals
consistent copies of the other Contracting State
competent authority or competent institution, but
further attestation.
Article 19
Language
1. competent authorities of the Contracting States and
the competent institutions shall communicate directly with each other
and with each person, no matter where he lives, when
It is necessary to apply this Convention or the
legislation to which this Convention applies. This may
take place in Swedish, Korean or English.
2. an application or document may not be refused or rejected by
a competent authority or competent institution of one
Contracting State solely on the ground that it is written
at Swedish, Korean or English.
Article 20
Claims, notices and appeals
1. applications, notices and appeals concerning
the determination or payment of a benefit under a
a Contracting State which, under the
the legislation would be submitted to a competent authority
or a competent institution of the Contracting State within
a prescribed time, but during the prescribed period in
rather than come to a competent authority or competent
institution of the other Contracting State, shall be deemed to have
been received in due time to the competent authority or the
competent institution of the first Contracting
State.
2. If a person, after this Convention has entered into
power, give a written application for benefits to the
the competent institution of a Contracting State in accordance with
the law of the Contracting State and if the
the person does not have explicitly requested that the application be
is limited to benefits under the legislation to apply
also be considered as an application from the person if
corresponding benefits under the legislation of the other
Contracting State, provided that the person at the time
for the application:
(a)) on the basis of age has a legal right to claim the
a benefit of the other Contracting State and
b) provides information indicating that periods of insurance has
completed under the legislation of the other Contracting
State.
3. In the event that paragraphs 1 and 2 of this article is
appropriate, the competent authority or the competent
the institution to which application, notice or
the appeal has been submitted indicating the date of receipt of the
the plot and promptly forward it to the
competent authority or competent institution of the
other Contracting State.
Article 21
Payment of benefits
1. The competent institution of a Contracting State shall
pay out benefits in accordance with this Convention directly
to the beneficiaries without any deduction for administrative expenses.
Benefits may be paid in the currency of that State.
2. If a Contracting State imposes currency controls or
taking other similar measures that restrict payments,
remittances or transfers of funds or financial
instruments to persons who are outside its
territory, the Contracting State shall without delay
take appropriate measures to ensure that the amount,
which, in accordance with this Convention, shall be paid to the
Article 3 specified persons, are paid out.
Article 22
Dispute resolution
1. competent authorities of the Contracting States and
the competent institutions shall, as far as possible, solve
disputes, which may arise in the application of
This question of interpretation or the Convention, in accordance with
its spirit and fundamental principles.
2. the Contracting States shall, at the request of either State
promptly consult on issues that have not been resolved by the competent
authorities or competent institutions in accordance
with paragraph 1 of this article.
3. If such a dispute cannot be settled through
consultations may dispute, at the request of any State, shall be referred
to an arbitral tribunal, whose composition and
procedure the Contracting States shall agree on.
4. Each of the Contracting States are obliged to
follow and enforce the arbitral decision.
TITLE V
TRANSITIONAL AND FINAL PROVISIONS
Article 23
Transitional provisions
1. the periods of insurance completed before this
Convention enters into force, and any other relevant event
that have occurred prior to that date, shall be taken into account in the
the determination of the entitlement to benefits in accordance with the provisions
in this Convention. The competent institution of any of the
However, Contracting States are not obliged to take into account
insurance periods which occurred prior to the earliest date
for which insurance periods can be included under
the legislation of that State.
2. this Convention does not provide a right to payment of a
the benefit for a period before the date on which this Convention
enters into force.
3. Decisions concerning entitlement to benefits that were taken before
the entry into force of this Convention shall not affect the rights
arising out of the Convention.
4. benefits on which decisions have been taken before this
Convention enters into force shall, on application, be decided on at the
again, if a change of such benefits have been only
as a result of the provisions of this Convention. If the new
the decision under the preceding sentence of this paragraph, leading to
that a person is not granted the right to benefit or to a
lower amount than what was paid in the
last period before this Convention entered into force, it shall
previous amount continue to be paid.
Article 24
Amendment to the Convention
The Contracting States may at any time agree on
to amend the provisions of this Convention. Such a change
may, by common agreement, be made in writing.
Article 25
Date of entry into force
This Convention shall enter into force on the first day of the third
month following the month in which each Contracting State from
the other Contracting State shall have received a
written notification that it has complied with all
formalities for the Convention to enter into force. The same
true if the Convention be amended in accordance with article 24.
Article 26
Term and termination
1. this Convention shall apply up to and including the last day of
the twelfth month after the month in which either Contracting
State notifies in writing the other Contracting
State that the Convention is terminated.
2. the Convention shall Expire upon notice to its provisions
continue to apply to benefits already granted.
The Contracting States shall agree on how to
dispose of rights during the acquisition.
In witness whereof the undersigned, being
duly authorized, have signed this Convention.
Drawn up in two copies in Seoul on september 9, 2013 at
Swedish, Korean and English, all texts being equally
valid.
In case of diverging interpretations of this Convention, the
English text shall prevail.
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE
KINGDOM OF SWEDEN AND THE GOVERNMENT OF THE REPUBLIC OF
Korea
The Government of the Kingdom of Sweden and the Government of
the Republic of Korea (hereinafter referred to as the
"Contracting Parties"), Being desirous of regulating the
relationship between their two countries in the field of
social security, Have agreed as follows:
PARTY IN
GENERAL PROVISIONS
Article 1
Definition
1. For the purpose of this Agreement:
(a) "National" means, as regards the Republic of Korea
(hereinafter referred to as "Korea"), a national of Korea as
defined in the Nationality Law, and as regards the Kingdom of
Sweden, (hereinafter referred to as "Canada"), a person of
Swedish nationality;
(b) "Legislation" means the laws and regulations specified in
Article 2 of this Agreement;
(c) "Competent Authority" means, as regards Korea, the
Minister of Health and Welfare, and as regards Canada, the
Government or the authority nominated by the Government;
(d) "Competent Institution" means, as regards Korea, the
National Pension Service, and as regards Canada, the
institution responsible for the implementation of the
the legislation specified in Article 2;
(e) "Period of coverage" means any period of contributions
under the legislation of a Contracting Party and any other
period taken into account under that legislation for
establishing entitlement to benefits;
(f) "Benefit" means any benefit provided for in the
the legislation specified in Article 2 of this Agreement. "
2. Any term not defined in this Article shall have the
meaning assigned to it in the applicable legislation.
Article 2
Material Scope
1. This Agreement shall apply to the following legislation:
(a) as regards Korea, the National Pension Act;
(b) as regards Canada,
(i) the legislation on sickness compensation and activity
compensation,
(ii) the legislation on income-based old-age pensions and
guarantee pension, and
(iii) the legislation on survivors ' pensions and surviving
children's allowance.
2. This Agreement shall also apply to future legislation
which amends, supplements, consolidates or supersedes the
the legislation specified in paragraph 1 of this Article.
3. Notwithstanding paragraph 2 of this Article, this
The agreement shall not apply to the laws or regulations which
extend existing legislation of one Contracting Party to new
categories of with, if the Competent Authority of
that Contracting Party noti-
FIES the Competent Authority of the other Contracting Party
in writing, within six months from the date of the entry into
force of such laws or regulations, that no such extension to
the Agreement is intended. The Agreement shall not apply to
legislation that establishes a new social security branch,
unless the Competent Authorities agree on this application.
Article 3
Personal Scope
This Agreement shall apply to any person who is or who has
been subject to the legislation of either Contracting Party,
and to other persons in regard to the rights derived from
such a person.
Article 4
Equal Treatment
Unless otherwise provided in this Agreement, in applying the
legislation of a Contracting Party, any person described in
Article 3 shall receive equal treatment with nationals of
that Contracting Party.
Article 5
Export of Benefits
1. Unless otherwise provided in this Agreement, benefits
under the legislation of one Contracting Party shall not be
subject to any reduction, modification, suspension,
withdrawal or confiscation by reason of the fact that the
recipient resides or stays in the territory of the other
Contracting Party, and the benefits shall be payable in the
territory of the other Contracting Party.
2. A benefit, payable by virtue of this Agreement, shall also
be paid outside the territories of the Contracting Parties
under the same conditions as it is payable to nationals of
the Contracting Parties, when they reside outside the
territories of the Contracting Parties.
3. The provisions of paragraphs 1 and 2 of this Article shall
not apply to the following benefits as regards Sweden,
(a) sickness compensation in the form of guarantee
compensation or activity compensation in the form of
guarantee compensation, and
(b) the guarantee pension and surviving children's allowance.
PART II
PROVISIONS ON COVERAGE
Article 6
General Provisions
1. Unless otherwise provided in this Part, an employed person
or a self-employed person who works in the territory of one
Contracting Party shall, with respect to that work, ask
subject only to the legislation of that Contracting Party.
2. A self-employed person who ordinarily resides in the
territory of a Contracting Party and who works in the
territory of both Contracting Parties shall, in respect of
the work, be subject only to the legislation of the
Contracting Party in which the person is resident.
Article 7
Detached Workers
1. Where a person who is normally employed in the territory
of one Contracting Party, by an employer having a place of
business in the territory of that Contracting Party, is late
by that employer to work on that employer's behalf in the
territory of the other Contracting Party, he or she shall
remain subject only to the legislation of the first
Contracting Party as if the person were employed in that
territory, provided that the period of employment in the
territory of the other Contracting Party is not expected to
exceed 24 calendar months.
2. In case the detachment continues beyond the period
specified in paragraph 1 of this Article, the legislation of
the first Contracting Party referred to in that paragraph
shall continue to apply for an additional period of 36
calendar months, provided that the Competent Authorities of
both Contracting Parties or the Competent Institution
designated by them consent upon the joint request of the
the employee and the employer.
Article 7
Detached Workers
1. Where a person who is normally employed in the territory
of one Contracting Party, by an employer having a place of
business in the territory of that Contracting Party, is late
by that employer to work on that employer's behalf in the
territory of the other Contracting Party, he or she shall
remain subject only to the legislation of the first
Contracting Party as if the person were employed in that
territory, provided that the period of employment in the
territory of the other Contracting Party is not expected to
exceed 24 calendar months.
2. In case the detachment continues beyond the period
specified in paragraph 1 of this Article, the legislation of
the first Contracting Party referred to in that paragraph
shall continue to apply for an additional period of 36
calendar months, provided that the Competent Authorities of
both Contracting Parties or the Competent Institution
designated by them consent upon the joint request of the
the employee and the employer.
3. Paragraphs 1 and 2 of this Article shall also apply to a
worker who is sent by his or her employer in the territory of
one Contracting Party to the employer's affiliated or
subsidiary company in the territory of the other Contracting
Party.
Article 8
Mariners
A person who, but for this Agreement, would be subject to the
legislation of both Contracting Parties with respect to
employment as an officer or member of a crew on a ship shall
be subject only to the legislation of Korea if the person
ordinarily resides in Korea and to the legislation of Sweden
in any other case.
Article 9
Members of Diplomatic missions, Consular Posts and Persons
Employed by the Government
1. Nothing in this Agreement shall affect the provisions of
the Vienna Convention on Diplomatic Re-maintenance of April 18,
1961 or of the Vienna Convention on Consular Relations of April
24, 1963.
2. Subject to paragraph 1 of this Article, a person employed
by the government of a Contracting Party, who is late to work
in the territory of the other Contracting Party, shall be
subject to the legislation of the first Contracting Party as
If he or she were employed in its territory.
Article 10
Accompanying Spouse and Children
The accompanying spouse or children under the age of 18 of a
person who works in the territory of one Contracting Party
and who is subject to the legislation of the other
Contracting Party in accordance with Article 7 or paragraph 2
of Article 9, shall be subject to the legislation of the
latter Contracting Party unless they are themselves gainfully employed
occupied in the territory of the first Contracting Party.
Article 11
Exceptions from the Provisions on Coverage
The Competent Authorities of the two Contracting Parties or
the Competent Institution designated by them may agree to
grant an exception to this Party with respect to particular
persons or categories of persons, provided that any affected
person shall be subject to the legislation of one Contracting
Party.
PART III
PROVISIONS ON BENEFITS
Article 12
Totalization of Periods of Coverage and Calculation of
Benefits
1. When periods of coverage have been completed during the
legislation of the two Contracting Parties, the Competent
Institution of each Contracting Party shall, in determining
eligibility for benefits under the legislation which it
applies, take into account, if necessary, the period of coverage
under the legislation of the other Contracting Party provided
that such period of coverage do not overlap with periods of
coverage under its legislation.
2. If the legislation of one Contracting Party subordinates
the granting of certain benefits to the condition that the
period of coverage are to be completed in a given
occupation, only periods of coverage completed or recognized
as equivalent in the same occupation under the legislation of
the other Contracting Party shall be totalized for admission
to entitlement to these benefits.
3. If a person is not eligible for a benefit on the basis of
the period of coverage under the legislation of the
Contracting Party, aggregated as provided in paragraphs 1 and
2 of this Article, the eligibility of that person for that
the benefit shall be determined by totalizing these periods and
periods of coverage completed under the legislation of a
third State, with which both Contracting Parties are bound by
social security agreements or equivalent coordination
instruments on social security which provide for the
totalization of periods of coverage.
4. The calculation of the benefit shall be determined by the
applicable legislation of the respective Contracting Party
unless otherwise provided in this Agreement.
Article 13
Special Provisions relating to Korea
1. To obtain a disability or survivors benefit, the
requirement of the Korean legislation that a person be
covered when the fully insured event occurs shall be considered to
have been met if the person is covered for a benefit under the
the Swedish legislation during a period in which the fully insured
event occurs according to the legislation of Korea.
2. Where periods of coverage under the Swedish legislation
are taken into account to establish eligibility for benefits
under the legislation of Korea in accordance with paragraph 1
of Article 12 and paragraph 1 of this Article, the benefit
due shall be determined as follows:
(a) The Competent Institution of Korea shall first compute a
pension amount equal to the amount that would have been
payable to the person if all the periods of coverage taken
into account under the legislation of the two Contracting
Parties had been completed under the legislation of Korea.
To determine the pension amount, the Competent Institution
of Korea shall take into account the person's average
standard monthly income while covered under the legislation
of Korea.
(b) The Competent Institution of Korea shall calculate the
partial benefit to be paid in accordance with the legislation
of Korea based on the pension amount calculated according to
the preceding subparagraph, in proportion to the ratio
between the duration of the periods of coverage taken into
consideration under its own legislation and the total
duration of the periods of coverage taken into consideration
under the legislation of the two Contracting Parties.
3. For the purpose of Article 12 and this Article, the
Competent Institution of Korea shall take into account only
the period of coverage except those of residence under the
legislation of Sweden, in determining eligibility for
benefits under the legislation of Korea.
4. Notwithstanding Article 4 of this Agreement, the payment of
lump-sum refunds shall be decided in accordance with the
the legislation of Korea.
5. The Provisions of the legislation of Korea restricting the
entitlement to the disability or survivors benefit due to
unpaid contributions at the time when the person has
otherwise qualified for the benefit shall apply only to the
period covered under the legislation of Korea.
Article 14
Special Provisions relating to Sweden
1. The provisions on totalization in Article 12 shall not
apply to the basic requirement of three years of residence in
Australia for entitlement to a guarantee pension, to a sickness
compensation in the form of guarantee compensation or to an
activity compensation in the form of guarantee
compensation.
2. When establishing the entitlement to sickness compensation
or activity compensation, coverage under Korean legislation
shall be considered as coverage under Swedish legislation.
3. When calculating the amount of income-related sickness
compensation or income-related activity compensation, only
income earned during periods when Swedish legislation was
applicable shall be taken into account.
4. When calculating the amount of the income-based old-age
pension in the form of supplementary pension to be paid in
accordance with Article 12, the only period of coverage
completed under the Swedish legislation, shall be taken into
account.
PART IV
MISCELLANEOUS PROVISIONS
Article 15
Administrative Arrangement
1. The Competent Authorities of the Contracting Parties shall
conclude an Administrative Arrangement that sets out the
measures necessary for the implementation of this
Agreement.
2. The liaison agencies of each Contracting Party shall be
designated in the Administrative Arrangement.
Article 16
Exchange of Information and Mutual Assistance
1. The Competent Authorities and the Competent Institution
of the Contracting Parties shall, within the scope of their
respective authorities:
(a) communicate to each other, to the extent permitted by the
the legislation which they administer, any information necessary
for the application of this Agreement;
(b) assist each other with regard to the determination of
entitlement to, or payment of any benefit under this
Agreement, or the legislation to which this Agreement
applies, as if the matter affected the application of their
own legislation; and
(c) communicate to each other, as soon as possible,
information concerning the measures taken by them for the
application of this Agreement and of any changes in their
respective legislation which may affect the application of
This Agreement.
2. The assistance referred to in sub paragraph 1 (b) of this
Article shall be provided free of charge, subject to any
exceptions to be agreed upon in the Administrative
Arrangement concluded pursuant to paragraph 1 of Article
15.
3. The Competent Institution shall annually exchange
Statistics, which shall be specified in the Administrative
Arrangement.
Article 17
Confidentiality of Information
Unless otherwise required by the national law of a
Contracting Party, information about an individual which is
transmitted in accordance with this Agreement to the
Competent Authority or the Competent Institution of that
Contracting Party by the Competent Authority or the Competent
Institution of the other Contracting Party shall be used
exclusively for the purposes of implementing this Agreement
and the legislation to which this Agreement applies. Such
information received by a Competent Authority or a Competent
Institution of a Contracting Party shall be governed by the
the national law of that Contracting Party for the protection of
Privacy and confidentiality of personal data.
Article 18
Exemption from Fees and Certification of Documents
1. Where the legislation of a Contracting Party provides that
any document which is submitted to the Competent Authority or
the Competent Institution of that Contracting Party shall be
exempted, wholly or partly, from fees or charges, including
consular and administrative fees, the exemption shall also
apply to corresponding documents which are submitted to the
Competent Authority or the Competent Institution of the other
Contracting Party in the application of this Agreement or of
the legislation of the other Contracting Party.
2. Documents and certificates which are presented by the
Competent Authority or the Competent Institution of either
Contracting Party for the application of this Agreement or of
the legislation of the other Contracting Party shall be
exempted from the requirements for authentication by
the diplomatic or consular authorities or any other similar
formalities.
3. Copies of documents which are certified as true and exact
copies by the Competent Authority or the Competent
Institution of one Contracting Party shall be accepted as
true and exact copies by the Competent Authority or the
Competent Institution of the other Contracting Party, without
further certification.
Article 19
Language of Communications
1. The Competent Authorities and the Competent Institution
of the Contracting Parties may correspond directly with one
another as well as with any person, wherever that person may
reside, whenever it is necessary to do so for the application
of this Agreement or the legislation to which this Agreement
applies. The correspondence may be made in Korean, Swedish or
English.
2. An application or document may not be rejected by a
Competent Authority or a Competent Institution of a
Contracting Party solely because it is in Korean, Swedish or
English.
Article 20
Submission of Claims, Notices or Appeals
1. Any claim, notice or appeal concerning the determination
or payment of a benefit under the legislation of a
Contracting Party which should, for the purposes of that
legislation, have been filed within a period of UN-prescribed with
(a) the Competent Authority or a Competent Institution of that
Contracting Party, but which is instead filed within the same
period to a Competent Authority or a Competent Institution of
the other Contracting Party, shall be considered to have been
filed on time with the Competent Authority or the Competent
Institution of the first Contracting Party.
2. If, after the entry into force of this Agreement, a person
files a written application for benefits with the Competent
Institution of a Contracting Party under the legislation of that
Contracting Party, and if that person has not explicitly
requested that the application be restricted to benefits
under that legislation, the application shall also be
considered as an application of that person for
corresponding benefits under the legislation of the other
Contracting Party, provided that the person at the time of
application:
(a) is entitled on age grounds to lodge a valid claim for a
benefit of the other Contracting Party; and
(b) provides information indicating that periods of coverage
have been completed under the legislation of the other
Contracting Party.
3. In any case to which paragraph 1 or 2 of this Article
applies, the Competent Authority or the Competent Institution
to which the claim, notice or appeal has been submitted shall
indicate the date of receipt of the document and forward it
without delay to the Competent Authority or the Competent
Institution of the other Contracting Party.
Article 21
Payment of Benefits
1. The Competent Institution of a Contracting Party shall
directly pay the benefits in accordance with this Agreement
to the with without any deduction for administrative
expenses. The benefits may be paid in the currency of that
Contracting Party.
2. In the event that a Contracting Party imposes currency
controls or other similar measures that restrict payments,
remittances or transfers of funds or financial instruments to
persons who are outside the territory of that Contracting
Party, it shall, without delay, take appropriate measures to
ensure the payment of any amount that must be paid in
accordance with this Agreement to persons described in
Article 3.
Article 22
Resolution of Disagreement
1. The Competent Authorities and the Competent Institution
of the Contracting Parties shall resolve, to the extent
possible, any difficulties which arise in interpreting or
applying this Agreement according to its spirit and
fundamental principles.
2. The Contracting Parties shall consult promptly at the
request of either Contracting Party concerning matters which
have not been resolved by the Competent Authorities or the
Competent Institution in accordance with paragraph 1 of this
Article.
3. If any such disagreement is not resolved by agreement, the
disagreement may, on the request of either Contracting Party,
be submitted to arbitration by a court of arbitration, whose
composition and procedure shall be agreed upon by the
Contracting Parties.
4. Each of the Contracting Parties shall be bound to comply
with and enforce the decisions handed down by the court of
arbitration.
PART V
TRANSITIONAL AND FINAL PROVISIONS
Article 23
Transitional Provisions
1. Any period of coverage completed before the date of entry
into force of this Agreement, and any other relevant events
that occurred before that date, shall be taken into
consideration in determining the right to a benefit under the
This Agreement. However, the Competent Institution of neither
Contracting Party shall be required to take into account
period of coverage which occurred prior to the earliest date
for which period of coverage may be credited under its
legislation.
2. This Agreement shall not establish any right to receive
payment of a benefit for any period before the date of the
entry into force of this Agreement.
3. Determinations concerning entitlement to benefits which
were made before the entry into force of this Agreement shall
not affect rights arising under it.
4. Benefits determined before the entry into force of this
Agreement may be newly determined upon application if a
change in such benefits results solely from the provisions of
This Agreement. If the new determination during the preceding
sentence of this paragraph results in no entitlement or
entitlement to a lesser amount of pension that paid for the
last period prior to the entry into force of this Agreement,
the same amount of pension as previously paid shall continue
to be paid.
Article 24
Review of the Agreement
The Contracting Parties may agree at any time to review and
amend any of the provisions of this Agreement. Such revision
or amendment may, after common agreement, be made by written
procedure.
Article 25
Entry into Force
This Agreement shall enter into force on the first day of the
third month following the month in which each Contracting
Party shall have received from the other Contracting Party
written notification that it has complied with all
requirements for the entry into force of this Agreement. The
the same procedure shall apply if the Agreement is revised or
amended according to Article 24.
Article 26
Period of Duration and Termination
1. This Agreement shall remain in force and effect until the
last day of the twelfth month following the month in which
written notice of its termination is given by either
Contracting Party to the other Contracting Party.
2. If this Agreement is terminated, rights regarding
entitlement to or payment of benefits acquired under it shall
be retained. The Contracting Parties shall make arrangements
dealing with rights in the process of being acquired.
In witness whereof, the undersigned, being duly authorized
thereto, have signed this Agreement.
Done in duplicate at Seoul, on 9 September 2013, in the
Swedish, Korean and English languages, each text being
equally authentic.
FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN
FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN
Ulf Kristersson
FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA
FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA
Kim Kyou-hyun
