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Agreement and administrative arrangement both
signed at Washington March 13, 2000; entry into force April 1, 2001.
Korean Version--html (requires a browser configured
for Korean)
Korean Version--graphic format
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Contents |
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AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE REPUBLIC OF KOREA
ON SOCIAL SECURITY
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The United States of America and
the Republic of Korea (hereinafter referred to as the "Contracting States"),
Being desirous of regulating the relationship between their two countries
in the field of Social Security,
Have agreed as follows:
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GENERAL PROVISIONS
Article 1
- For the purpose of this Agreement:
- "National" means,
as regards the United States, a national of the United States as
defined in Section 101, Immigration and Nationality Act, as amended,
and
as regards Korea, a national of the Republic of Korea as defined
in the Nationality Law, as amended;
- "Laws" means the laws and regulations specified in Article
2 of this Agreement;
- "Competent Authority" means,
as regards the United States, the Commissioner of Social Security,
and
as regards Korea, the Minister of Health and Welfare or the Minister
of Labor as the case may require;
- "Agency" means,
as regards the United States, the Social Security Administration,
and
as regards Korea, the National Pension Corporation or the Korean
Labor Welfare Corporation as the case may require;
- "Period of coverage" means a period of payment of contributions
or a period of earnings from employment or self-employment, as defined
or recognized as a period of coverage by the laws under which such
period has been completed, or any similar period insofar as it is
recognized by such laws as equivalent to a period of coverage; and
- "Benefit" means any benefit provided for in the laws specified
in Article 2 of this Agreement.
- Any term not defined in this Article shall have the meaning assigned
to it in the applicable laws.
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Article 2
- For the purpose of this Agreement, the applicable laws are:
- As regards Korea,
- the National Pension Law and the enforcement rules and regulations
applicable thereto;
- with regard to Part II only, the Industrial Accident Compensation
Insurance Law and the enforcement rules and regulations applicable
thereto;
- As regards the United States, the laws governing the
Federal Old-Age, Survivors and Disability Insurance Program:
- Title II of the Social Security Act and regulations pertaining
thereto, except sections 226, 226A and 228 of that title and regulations
pertaining to those sections, and
- Chapter 2 and Chapter 21 of the Internal Revenue Code of 1986
and regulations pertaining to those chapters;
- Unless otherwise provided in this Agreement, the laws referred
to in paragraph 1 of this Article shall not include treaties or other
international agreements on Social Security that may be concluded between
one Contracting State and a third State, or laws or regulations promulgated
for their specific implementation.
- This Agreement shall also apply to future laws which amend or supplement
the laws specified in paragraph 1 of this Article.
Article 3
- A person who is or has been subject to the laws of one Contracting
State and who resides within the territory of the other Contracting
State shall, together with his dependents, receive equal treatment with
nationals of the other Contracting State in the application of the laws
of the other Contracting State regarding the eligibility for and the
payment of benefits.
- Unless otherwise provided in this Agreement, any provision of the
laws of one Contracting State which restricts entitlement to or payment
of cash benefits solely because the person resides outside or is absent
from the territory of that Contracting State shall not be applicable
to the persons who reside in the territory of the other Contracting
State.
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Provisions on Coverage
Article 4
- Except as otherwise provided in this Article, a person employed within
the territory of either Contracting State shall, with respect to that
employment, be subject to the laws of only that Contracting State.
- Where a person who is normally employed in the territory
of one Contracting State by an employer having a place of business in
that territory is sent by that employer to work for the same employer
in the territory of the other Contracting State, the person shall remain
subject to the laws of only the first Contracting State as if the person
were employed in its territory, provided that the period of employment
in the territory of the other Contracting State is not expected to exceed
5 years. For purposes of applying the preceding sentence, an employer
and an affiliated or subsidiary company of the employer (as defined
under the laws of the Contracting State from which the person was sent)
shall be considered one and the same, provided that the employment in
the territory of the other Contracting State would have been covered
under the laws of the Contracting State from which the person was sent
in the absence of this Agreement.
- Paragraph 2 of this Article shall apply where a person
who has been sent by his employer from the territory of one Contracting
State to the territory of a third State is subsequently sent by that
employer from the territory of the third State to the territory of the
other Contracting State.
- A self-employed person who resides within the territory of one Contracting
State shall be subject to the laws of only that State.
- Where the same activity is considered to be self-employment
under the laws of one Contracting State and employment under the laws
of the other Contracting State, that activity shall be subject to the
laws of only the first Contracting State if the person is a resident
of that State and to the laws of only the other Contracting State in
any other case.
- A person who would otherwise be compulsorily covered under the laws
of both Contracting States with respect to employment as an officer
or member of a crew on a ship or aircraft shall be subject to the laws
of only the Contracting State in whose territory the person resides.
- (a) This Agreement shall not affect the provisions of the Vienna
Convention on Diplomatic Relations of April 18, 1961, of the Vienna
Convention on Consular Relations of April 24, 1963, or of the Consular
Convention between the United States and Korea of January 8, 1963.
(b) Nationals of one of the Contracting States who are employed by
the Government of that Contracting State in the territory of the other
Contracting State but who are not exempt from the laws of the other
Contracting State by virtue of the Conventions mentioned in the preceding
subparagraph shall be subject to the laws of only the first Contracting
State. For the purpose of this paragraph, employment by the Government
of a Contracting State includes employment by an instrumentality thereof.
(c) As regards Korea, employment by the Government of Korea includes
employment by Korea's local governments.
- The Competent Authorities of the two Contracting States may agree
to grant an exception to the provisions of this Article with respect
to particular persons or categories of persons, provided that any affected
person shall be subject to the laws of one of the Contracting States.
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PROVISIONS ON BENEFITS
Article 5
The following provisions shall apply to Korea:
- If a person is not eligible for old-age, survivors or disability
benefits under Korean laws based on periods of coverage credited exclusively
under Korean laws, the Agency of Korea shall take into account the person's
periods of coverage credited under United States laws, insofar as they
do not coincide, for the purpose of establishing the person's entitlement
to benefits under Korean laws. The preceding sentence shall not apply
for purposes of establishing entitlement to old-age, survivors or disability
benefits unless the person has completed at least 18 months of coverage
under Korean laws.
- To obtain a disability benefit or survivors benefit, the requirement
of Korean laws that a person be covered when the insured event occurs
shall be considered to have been met if the person is insured for a
benefit under United States laws or has credit for at least four quarters
of coverage under United States laws during a period of eight calendar
quarters ending with the calendar quarter in which the insured event
occurs according to Korean laws.
- In determining eligibility for benefits under this Article, the Agency
of Korea shall credit three months of coverage for every quarter of
coverage certified by the Agency of the United States.
- Where periods of coverage under United States laws are taken into
account to establish eligibility for benefits under Korean laws in accordance
with this Article, the benefit due shall be determined as follows:
- The Agency of Korea shall first compute a Basic Pension Amount
equal to the amount that would have been payable to the person if
all the periods of coverage credited under the laws of both Contracting
States had been completed under Korean laws. To determine the Basic
Pension Amount, the Agency of Korea shall take into account the person's
average standard monthly income while covered under Korean laws.
- The Agency of Korea shall calculate the partial benefit to be paid
in accordance with Korean laws based on the Basic 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 laws and the total duration of the periods of coverage
taken into consideration under the laws of both Contracting States.
- Entitlement to a benefit from Korea which results from paragraph 1
of this Article shall terminate with the acquisition of sufficient periods
of coverage under Korean laws to establish entitlement to an equal or
higher benefit without the need to invoke the provision of paragraph
1 of this Article.
- (a) United States nationals shall receive equal treatment with Korean
nationals in the application of provisions of Korean laws regarding
lump-sum refunds of contributions, regardless of when the contributions
were paid. Notwithstanding paragraph 1 of Article 3, lump-sum refunds
of contributions shall be paid to nationals of a State other than the
Contracting States in accordance with Korean laws.
(b) The periods of
coverage for which contributions have been refunded in lump-sum shall
not be certified by the Agency of Korea as creditable in totalizing
periods to determine entitlement to a benefit.
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Article 6
The following provisions shall apply to the United States:
- Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient periods of coverage
to satisfy the requirements for entitlement to benefits under United
States laws, the Agency of the United States shall take into account,
for the purpose of establishing entitlement to benefits under this Article,
periods of coverage which are credited under Korean laws and which do
not coincide with periods of coverage already credited under United
States laws.
- In determining eligibility for benefits under paragraph 1 of this
Article, the Agency of the United States shall credit one quarter of
coverage for every three months of coverage certified by the Agency
of Korea; however, no quarter of coverage shall be credited for any
calendar quarter already credited as a quarter of coverage under United
States laws. The total number of quarters of coverage to be credited
for a year shall not exceed four.
- Where entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1 of this Article, the Agency
of the United States shall compute a pro rata Primary Insurance Amount
in accordance with United States laws based on (a) the person's average
earnings credited exclusively under United States laws and (b) the ratio
of the duration of the person's periods of coverage completed under
United States laws to the duration of a coverage lifetime as determined
in accordance with United States laws. Benefits payable under United
States laws shall be based on the pro rata Primary Insurance Amount.
- Entitlement to a benefit from the United States which results from
paragraph 1 of this Article shall terminate with the acquisition of
sufficient periods of coverage under United States laws to establish
entitlement to an equal or higher benefit without the need to invoke
the provision of paragraph 1 of this Article.
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MISCELLANEOUS PROVISIONS
Article 7
The Competent Authorities of the two Contracting States
shall:
- Conclude all necessary administrative arrangements for the implementation
of this Agreement and designate liaison agencies;
- Communicate to each other information concerning the measures taken
for the application of this Agreement; and
- Communicate to each other, as soon as possible, information concerning
all changes in their respective laws which may affect the application
of this Agreement.
Article 8
The Competent Authorities and the Agencies of the Contracting
States, within the scope of their respective authorities, shall assist
each other in implementing this Agreement. This assistance shall be free
of charge, subject to exceptions to be agreed upon in an administrative
arrangement.
Article 9
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In accordance with measures to be agreed upon, the Competent Authorities
and Agencies of the two Contracting States shall communicate to each
other any information necessary for the application of this Agreement.
- Unless otherwise required by the national statutes of a Contracting
State, information about an individual which is transmitted in accordance
with this Agreement to that Contracting State by the other Contracting
State shall be used exclusively for purposes of implementing this Agreement.
Such information received by one Contracting State shall be governed
by the national statutes of that Contracting State for the protection
of privacy and confidentiality of personal data.
Article 10
- Where the laws of one Contracting State provide that any document
which is submitted to the Competent Authority or the Agency of that
Contracting State 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 Agency of the other Contracting State in the application
of this Agreement.
- Documents and certificates which are presented for purposes of this
Agreement shall be exempted from requirements for authentication by
diplomatic or consular authorities.
- Copies of documents which are certified as true and exact copies
by the Agency of one Contracting State shall be accepted as true and
exact copies by the Agency of the other Contracting State, without further
certification. The Agency of each Contracting State shall be the final
judge of the probative value of the evidence submitted to it from whatever
source.
Article 11
- The Competent Authorities and Agencies of the Contracting States
may correspond directly with each other and with any person wherever
the person may reside whenever it is necessary for the administration
of this Agreement. The correspondence may be in the official language
of either Contracting State.
- An application or document may not be rejected by the Competent Authority
or Agency of one Contracting State because it is in the official language
of the other Contracting State.
Article 12
- A written application for benefits filed with the Agency of one Contracting
State shall protect the rights of the claimants under the laws of the
other Contracting State if the applicant requests that it be considered
an application under the laws of the other Contracting State.
- If an applicant has filed a written application for benefits with
the Agency of one Contracting State and has not explicitly requested
that the application be restricted to benefits under the laws of that
Contracting State, the application shall also protect the rights of
the claimants under the laws of the other Contracting State if the applicant
provides information at the time of filing indicating that the person
on whose record benefits are claimed has completed periods of coverage
under the laws of the other Contracting State.
- The provisions of Part III shall apply only to benefits for which
an application is filed on or after the date this Agreement enters into
force.
Article 13
- A written appeal of a determination made by the Agency of one Contracting
State may be validly filed with the Agency of either Contracting State.
The appeal shall be dealt with according to the procedure and laws of
the Contracting State whose decision is being appealed.
- Any claim, notice or written appeal which, under the laws of one Contracting
State, must have been filed within a prescribed period with the Agency
of that Contracting State, but which is instead filed within the same
period with the Agency of the other Contracting State, shall be considered
to have been filed on time.
Article 14
In any case to which the provisions of Article 13 of this Agreement
apply, the Agency to which the claim, notice or written appeal has been
submitted shall indicate the date of receipt on the document or on a form
agreed upon for this purpose pursuant to Article 7(a) of this Agreement
and transmit it without delay to the liaison agency of the other Contracting
State.
Article 15
- Payments under this Agreement may be made in the currency of the
Contracting State making the payments.
- In case provisions designed to restrict the exchange or exportation
of currencies are introduced by either Contracting State, the Governments
of both Contracting States shall immediately take measures necessary
to ensure the transfer of sums owed by either Contracting State under
this Agreement.
Article 16
Any disagreement regarding the interpretation or application of this
Agreement shall be resolved by consultation between the Contracting
States.
Article 17
This Agreement may be amended in the future by supplementary agreements
which, from their entry into force, shall be considered an integral
part of this Agreement.
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TRANSITIONAL AND FINAL PROVISIONS
Article 18
- This Agreement shall not establish any claim to payment of a benefit
for any period before the date of the entry into force of this Agreement,
or to a lump-sum death benefit if the person died before the entry into
force of this Agreement.
- In determining the right to benefits under this Agreement, consideration
shall be given to periods of coverage and other events which occurred
before the entry into force of this Agreement. However, neither Contracting
State shall take into account periods of coverage which occurred prior
to the earliest date for which periods of coverage may be credited under
its laws.
- Determinations concerning entitlement to benefits which were made
before the entry into force of this Agreement shall not affect rights
arising under it.
- The application of this Agreement shall not result in any reduction
in the amount of a benefit to which entitlement was established prior
to its entry into force.
- In applying paragraph 2 of Article 4 in the case of persons who were
sent to the territory of a Contracting State prior to the date of entry
into force of this Agreement, the periods of employment referred to
in that paragraph shall be considered to begin on that date.
Article 19
This Agreement shall enter into force on the first day of the third month
following the month in which each Government shall have received from
the other Government written notification that it has complied with all
statutory and constitutional requirements for the entry into force of
this Agreement.
Article 20
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
termination is given by either Contracting State to the other Contracting
State.
- If this Agreement is terminated, rights regarding entitlement to or
payment of benefits acquired under it shall be retained. The Contracting
States shall make arrangements dealing with rights in the process of
being acquired.
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IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed this Agreement.
DONE in duplicate at Washington on March 13, 2000 in the English and
Korean languages, the two texts being equally authentic.
FOR THE UNITED STATES OF AMERICA:
Madeleine Albright
FOR THE REPUBLIC OF KOREA:
Joung-binn Lee
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ADMINISTRATIVE
ARRANGEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF KOREA
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The Competent Authority of the United States of America and
the Competent Authorities of the Republic of Korea,
In conformity with Article 7(a) of the Agreement on Social Security between
the United States of America and the Republic of Korea of March 13, 2000
(hereinafter referred to as the "Agreement"),
Have agreed as follows:
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Chapter I
General Provisions
Article 1
The terms used in this Administrative Arrangement shall have the same
meaning as in the Agreement.
Article 2
- The liaison agencies referred to in Article 7(a) of the Agreement
shall be:
- for the United States, the Social Security Administration;
- for Korea, the National Pension Corporation or the Korean Labor
Welfare Corporation as the case may require.
- The liaison agencies designated in paragraph 1 of this Article shall
agree upon the joint procedures and forms necessary for the implementation
of the Agreement and this Administrative Arrangement.
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Chapter II
Provisions on Coverage
Article 3
- Where the laws of one Contracting State are applicable in accordance
with any of the provisions of Article 4 of the Agreement, the Agency
of that Contracting State, upon request of the employer or self-employed
person, shall issue a certificate stating that the employee or self-employed
person is subject to those laws and indicating the duration for which
the certificate shall be valid. This certificate shall be proof that
the employee or self-employed person is exempt from the laws on compulsory
coverage of the other Contracting State.
- The certificate referred to in paragraph 1 of this Article shall
be issued:
- in the United States, by the Social Security Administration;
- in Korea, by the National Pension Corporation.
- The Agency of one Contracting State which issues a certificate referred
to in paragraph 1 of this Article shall furnish a copy of the certificate
to the liaison agency of the other Contracting State as needed by the
Agency of the other Contracting State.
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Chapter III
Provisions on Benefits
Article 4
- Applications for benefits under the Agreement shall be submitted
on forms to be agreed upon by the liaison agencies of the two Contracting
States.
- The Agency of the Contracting State with which an application for
benefits is first filed in accordance with Article 12 of the Agreement
shall provide the liaison agency of the other Contracting State with
such evidence and other information as may be required to complete action
on the claim.
- The Agency of one Contracting State which receives an application
that was first filed with an Agency of the other Contracting State shall
without delay provide the liaison agency of that Contracting State with
such evidence and other available information as may be required for
it to complete action on the claim.
- The Agency of the Contracting State with which an application for
benefits has been filed shall verify the information pertaining to the
applicant and his family members. The types of information to be verified
shall be agreed upon by the liaison agencies of both Contracting States.
Article 5
When the Agency of Korea pays benefits in the currency of the United States,
the conversion rate shall be the rate of exchange in effect on the day when
the payment is made.
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Chapter IV
Miscellaneous Provisions
Article 6
The liaison agencies of the two Contracting States shall exchange statistics
on the number of certificates issued under Article 3 of this Administrative
Arrangement and on the payments made to beneficiaries under the Agreement.
These statistics shall be furnished annually in a form to be agreed upon.
Article 7
- Where administrative assistance is requested under Article 8 of the
Agreement, expenses other than regular personnel and operating costs
of the Agency providing the assistance shall be reimbursed, except as
may be agreed to by the Competent Authorities or Agencies of the Contracting
States. Where the Agency of one Contracting State requests administrative
assistance from the Agency of the other Contracting State that would
not be free of charge under Article 8 of the Agreement, the Agency of
the other Contracting State shall inform the Agency of the first Contracting
State that the requested assistance will not be free of charge and will
only provide such assistance if both Agencies agree upon the time and
manner of reimbursing the costs.
- Upon request, the liaison agency of either Contracting State shall
furnish without cost to the liaison agency of the other Contracting
State any medical information and documentation in its possession relevant
to the disability of the claimant or beneficiary.
- Where the Agency of one Contracting State requires that a person
in the territory of the other Contracting State who is receiving or
applying for benefits under the Agreement submit to a medical examination,
such examination, if requested by that Agency, shall be arranged by
the liaison agency of the other Contracting State in accordance with
the rules of the Agency making the arrangements and at the expense of
the Agency which requests the examination.
- The liaison agency of one Contracting State shall reimburse amounts
owed under paragraph 1 or 3 of this Article upon presentation of a statement
of expenses by the liaison agency of the other Contracting State.
Article 8
This Administrative Arrangement shall enter into force on the date of
entry into force of the Agreement and shall have the same period of validity.
DONE in duplicate at Washington on March 13, 2000, in the English and
Korean languages, the two texts being equally authentic.
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ON BEHALF OF THE COMPETENT AUTHORITY OF THE
UNITED STATES OF AMERICA
William A. Halter
ON BEHALF OF THE COMPETENT AUTHORITIES OF THE REPUBLIC OF KOREA
Hyuck Choi
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