Law (2014:834) If Social Security Convention Between Sweden And The Republic Of Korea

Original Language Title: Lag (2014:834) om konvention om social trygghet mellan Sverige och Sydkorea

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:834

/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