National Pension Service

Main Contents of the Social Security Agreement Between Korea and Germany

Agreement Administrative Arrangement

History of the Agreement with Germany

Mar. 1995 : Agreed to negotiate a Social Security Agreement between Korea and Germany
Jun. 1997 : Held the first round of Negotiation Meetings for the Agreement in Germany
Oct. 1998 : Held the second round of Negotiation Meetings for the Agreement in Korea
May. 1999 : Held the third round of Negotiation Meetings for the Agreement in Germany
Dec. 1999 : Held the fourth round of Negotiation Meetings for the Agreement in Korea
Jan. 2000 : Held the fifth round of Negotiation Meetings for the Agreement in Germany
Mar. 2000 : Signed the Agreement on Social Security between Korea and Germany
Oct. 2000 : Held Negotiation Meetings for the Administrative Arrangement of the Agreement
Mar. 2001 : Held the first round of meetings for the Implementation of the Agreement between Agencies of both countries in Germany
Aug. 2001 : Held the second round of meetings for the Implementation of the Agreement between Agencies of both countries in Korea
Oct. 2001 : Held the third round of meetings for the Implementation of the Agreement between Agencies of both countries
Oct. 2002 : Exchanged the instruments of ratification between both countries
Jan. 2003 : Social Security Agreement between Korea and Germany entered into force
Mar. 2003 : Signed the Administrative Arrangement for the Agreement
Oct. 2003 : Held the first round of agencies meetings between both countries
Jun. 2004 : Held the second round of agencies meetings between both countries

Applicable Legislation

With respect to Korea,
- the National Pension Act, and the rules and regulations applicable to its implementation
- the Employment Insurance Act and the rules and regulations applicable to its implementation (with regard to the Article 6 to 10 only; Exemption From Dual Coverage)
With respect to Germany,
- the Statutory Pension Insurance
- the Steelworkers' Supplementary Insurance, the Farmers' Old-age Security, the Employment Insurance Act (however, these legislations shall not apply to totalization provision)

Personal Scope of this Agreement

This Agreement shall apply to any person who is or who has been subject to the legislation of either Korea or Germany, and to the dependents and survivors of such a person irrespective of their nationality. Therefore, any person such as a national of the contracting country, a stateless person, a refugee or a national of a third country who is or has been subject to the legislation of either contracting country shall be covered by this agreement with his/her dependents and survivors.

※ For more information, you may refer to the section Text of Agreement

Exemption from Dual Coverage

In general, an employee is subject to the legislation of a contracting country in which he/she is employed.
A self-employed person is subject to the legislation of a contracting country in which the person works.
If a self-employed person who ordinarily resides and works in the territory of one contracting country works temporarily (5 years or less) in the territory of the other contracting country, he/she is subject to the legislation of the contracting country in which he/she ordinarily resides. This 5-year limit can be extended to 8 years with the proper consent between Agencies of the both countries.
A detached worker is exempt from coverage under the legislation of the contracting country which he/she is sent to for less than 5 years if he/she is covered under the legislation of his/her home country. This 5-year limit can be extended to 8 years with the proper consent between Agencies of the both countries.

※ For more information, you may refer to the section Agreement or Guide for Exemption Application

[ Countries that employees and the self-employed pay their contributions to ]

Countries that employees and the self-employed pay their contributions to
Type	Work Status	Coverage
Employee	Employed in Germany
	You are employed and working in Germany	Germany
	You are employed in Korea and sent to work in Germany for less than 5 years (a 3-year extension is available)	Korea
	You are employed in Korea and sent to work in Germany for more than 5 years (without getting approval for an extension)	Germany
	employed in Korea
	You are employed and working in Korea	Korea
	You are employed in Germany and sent to work in Korea for less than 5 years (a 3-year extension is available)	Germany
	You are employed in Germany and sent to work in Korea for more than 5 years (without getting approval for an extension)	Korea
Self-employed	Self-employed in Germany
	You are self-employed in Germany	Germany
	You are a self-employed person who ordinarily resides in Korea but are self-employed in Germany for less than 5 years	Korea
	Self-employed in Korea
	You are self-employed in Korea	Korea
	You are a self-employed person who ordinarily resides in Germany but are self-employed in Korea for less than 5 years	Germany

Benefits under this Agreement

Even though your periods of coverage in one country are not sufficient to qualify for pension benefits, you may be eligible for benefits after this Agreement has entered into force. This is possible due to totalization of coverage in both countries.

Korean National Pension Benefits under the Social Security Agreement

If you have period of coverage under the Korean National Pension Scheme but do not have enough periods of coverage(e.g., 20 years for Full Old-age pension) to qualify for pension benefits under the Korean pension system, you may be able to qualify for Korean benefits by totalizing periods of coverage under the Korean pension system and the Germany pension system. However, those periods creditable under the German pension system, must not coincide with the periods under the legislation of Korea. Your benefit is calculated by dividing the Korean periods of coverage by the total periods of coverage and then multiplying by the Theoretical Benefit. The Theoretical Benefit is calculated based on the totalized periods in both countries.
Germany Pension Benefits under the Social Security Agreement

If you have period of coverage under the Germany Old Age Security System(OAS) but do not have enough periods of coverage(e.g., 10 years for Old-age pension) to qualify for pension benefits under Germany Old Age Security System(OAS), you may be able to qualify for Old Age Security pension by totalizing periods of coverage under the Korean pension system and the Germany Old Age Security System(OAS). However, those periods creditable under the Korean pension scheme, must not coincide with the periods of residence under Germany Old Age Security System(OAS).

If you do not have enough periods of coverage to qualify for Germany pension benefits under the Germany Pension Plan(CPP), you may be able to qualify for Germany pension benefits by totalizing periods of coverage under the Korean pension system and the Germany Pension Plan(CPP). However, those periods creditable under the Korean pension scheme, must not coincide with the periods the Germany Pension Plan(CPP).
A person who is or has been subject to the laws of one contracting country and who resides within the territory of the other contracting country shall, together with his dependents, receive equal treatment with the nationals of the other contracting country in the application of the laws of the other contracting country.
A Korean Lump-sum refund is paid to German nationals.
A German Lump-sum refund is paid to Korean nationals.

※ For more information, you may refer to the section Agreement or Guide for Exemption Application

Agencies of this Agreement

As regards Korea,
- National Pension Service (NPS)
As regards Germany,
- German Pension Insurance Federal Institution : www.deutsche-rentenversicherung-bund.de
- Deutsche Verbindungsstelle Krankenversicherung-Ausland : www.dvka.de

Guide for Exemption Application

How to be Exempt from Germany Pension Contributions

If you are subject to the applicable Korean legislation of the Social Security Agreement and temporarily work in Germany, you must get "a Certificate of Coverage under Social Security Agreement" from the National Pension Service of Korea and submit (show) it to a German Agency in order to be exempt from the German pension and employment insurance contributions

A request for a Korean Certificate of Coverage

If you are an employee, your employer must request a Korean Certificate of Coverage.

If you are self-employed, you yourself must request a Korean Certificate of Coverage.
- Who requires a Korean Certificate of Coverage?
  - An employee who is sent to work in Germany by an employer within a certain period (5 years)
  - An employee who is sent to work in Germany by an employer within a certain period and the detached period is extended for a certain period (In this case, mutual agreement between two countries is needed)
  - A self-employed person who ordinarily resides in Korea and works in Germany
  - A self-employed person who ordinarily resides in Korea and works in Germany as well as in Korea
  - Some workers or members of a crew on a ship or aircraft who can be exempt from pension contributions of Germany under the Social Security Agreement between Korea and Germany
- How to request a Korean Certificate of Coverage under the Social Security Agreement?
  
  The employer or self-employed person must request a Korean Certificate of Coverage by visiting the National Pension Service of Korea with the required documents or sending the required documents to the National Pension Service of Korea by mail or fax.
  - National Pension Service, Center for International Affairs, 6th Floor, Kukmin-Yeonkum Building, 180, Giji-ro, Deokjin-gu, Jeonju-si, Jeonbuk-do, 54870, Korea
  - Fax (063)900-3404
- Required Documents
  - "Application for Certificate of Coverage under Social Security Agreement"
  - Documents to confirm the employee's detachment such as a Detachment Order.
  ※ "Application for Certificate of Coverage under Social Security Agreement" is available on our website → Social Security Agreement → Forms or you can get them by visiting NPS regional office and by copying the form in the manual brochure at the NPS.
Submission of the Certificate of Coverage to Germany Agency

In Germany, since an employer or a self-employed person is normally responsible for reporting and paying social insurance contributions, you do not have to pay contributions for the period of coverage specified on the Korean Certificate of Coverage under the Social Security Agreement. However, when Germany agency requests the evidence for the exemption, you have to show that Certificate of Coverage.

If a contributor has already paid contributions for the previous exemption period, within a certain period, he/she is able to request a refund according to the interior procedure. However, in some cases, here could be limitations on the period regarding retroactive exemptions or refunds, so we recommend that you request the exemption allowing a suitable amount of time.

How to be Exempt from Pension Contributions

If you are mandatorily covered by Germany Pension Plan, and you would like to be exempt from coverage under the Korean National Pension Scheme, you must get a Certificate of Coverage from a German Agency and submit it to the National Pension Service.

A request for a Certificate of Coverage from Germany

If you are an employee, your employer must request a Certificate of Coverage from a German Agency. If you are self-employed, you must request a Certificate of Coverage by yourself.
- Who requires a Germany Certificate of Coverage?
  - An employee who is sent to work in Korea within a certain period (5 years) by an employer.
  - An employee who is sent to work in Korea within a certain period by the employer and the detached period is extended for a certain period (In this case, mutual consent between two countries is needed)
  - A self-employed person who ordinarily resides in Germany and works in Korea.
  - A self-employed person who ordinarily resides in Germany and works in Korea as well as in Germany
  - Some workers or members of a crew on a ship or aircraft who can be exempt from Korean National Pension Contributions under the Social Security Agreement between Korea and Germany.
- How to request a Germany Certificate of Coverage under the Social Security Agreement?
  
  After contacting the Germany Agency by phone or fax, you must request a certificate with the required documents according to the agency's procedures.
- Issuing Agency of Germany Certificate of Coverage
  
  Deutsche Rentenversicherung Bund (Tel. 49 30 865 0)
  
  www.deutsche-rentenversicherung.de
Submission of the Certificate of Coverage to the Korean National Pension Service

If you are a worker, an employer in Korea (if self-employed, you yourself) must submit "an application of exemption" as well as an original copy of the "German Certificate of Coverage", and a copy of your identification to the International Center or the regional office by visiting or by sending a registered letter. (Because an original copy must be submitted, a facsimile or a copy of the Certificate will not be accepted)

If you submit a German Certificate of Coverage, you are exempt from Korean National Pension and the Industrial Accident Compensation Insurance for the period shown on the same Certificate. If you have already paid contributions before you submit your certificate, the amount of the contributions already paid can be transferred to your due contributions or refunded. However, in accordance with the regulations of the National Pension Scheme, the right to request for a refund of over-collected amount becomes valid only up to 5 years from the day following the processing of a qualification change, therefore, we recommend that you request the exemption within the required period.

In the case of Germany in particular, if you apply for a Certificate of Coverage after a year of your detachment, the Certificate can be issued only when the agencies of both countries make an agreement on that. Please note that in some cases, you might not be exempt from paying contributions.

※ Information here on our website is a general guide. You can get more information about the Exemption of Coverage at the International Center of the NPS or any regional office of NPS.

Application for Korean Benefits under the Agreement

If you have periods of coverage both in Korea and Germany, but do not have enough periods of coverage under the Korean Pension system to qualify for pension benefits by submitting the following required documents as long as you meet the requirements for entitlement based on totalization of periods under both Korean and German pension systems.

Requirements for entitlement classified by the types, eligible persons, the method of filling out the forms and required documents are introduced respectively under each benefits link above.

A claimant must submit "Application for Korean Benefits under the Korea-Germany Social Security Agreement" to the NPS and to the Germany Agency.

At the time of applying for benefits by mail, you are recommended to be fully aware of the requirements for the Benefit Application by asking the NPS by phone. In this way, you will ensure the proper preparation of the documents and avoid any unnecessary delays in payments. Otherwise, you might waste time in correcting errors or omissions on the Application.

You can download the form of "Application for Korean Benefits under the Korea-Germany Social Security Agreement" from our website or get it at the NPS's regional office, the Embassy of the Republic of Korea Abroad, or a Germany agency.

Old-age Pension

Eligible Persons

If you meet the following conditions for the benefits by totalizing both countries' periods of coverage, you may be able to apply for the Korean Old-age pension under the Social Security Agreement.

Old-age Pension
Type	Totalized period of Coverage	Age of the first benefit payment	Other Cases
Full Old-age Pension	20 years or more	age of 60 (55)	less than 65, not engaged in income-earning activities
Reduced Old-age Pension	from 10 years to less than 20 years	age of 60 (55)	less than 65, not engaged in income-earning activities
Active Old-age Pension	10 years or more	age from 60 to 65 (55-60)	engaged in income-earning activities
Early Old-age Pension	10 years	age of 55	less than 65, not engaged in income-earning activities
Special Old-age Pension	from 5 years to less than 10 years	age of 60 (55)	more than certain years of age

Filling out the Application Form and Required Documents

If you want to apply for an Old-age pension, you must fill out Part A (General information), Part B (Application for an Old-age Pension), Part H (To be signed by the applicant) on the "Application for Korean Benefits under the Korea-Germany Social Security Agreement" and submit it with the following required documents.
Required documents
- ID such as Alien Registration Card and Passport, or Resident Registration Card.
- A copy of your Korean bank account information
  
  ※ If you want overseas remittance, you must fill out the Overseas Remittance section Part A-7 (Method of Payment of Benefit) and submit a copy of your foreign bank account information.
- In the case of Early Old-age Pension
  - If you are an employee: an Employment Contract (a Verification of Employer), and an Income Withholding Taxes Receipt (or a Salary Book or a bank account where your salary is deposited into, etc.) are also required.
  - If you are an employer: a Certificate of Suspension or a Cessation of Business, or documents to confirm suspension or cessation are also required.
- If you have any dependents supported by you,
  - Documents to confirm your family relations: a copy of your family register, a copy of the Registration of Korean National Residing Abroad, verification of residence, verification of common law status, etc.
  - Documents to confirm your dependence status: a Certificate of Studentship, a Certificate of Holding Office, a Certificate of Medical Care, a copy of the Certificate of Business Registration, a copy of the Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement of the financial institution (communications and portal services), etc.
  - Documents to confirm your disability: a medical report for disability under the Agreement(a German medical report is acceptable)
※ If you have a certificate of disability registration falling under the 1st or 2nd degree based on the Korean Welfare of Disabled Persons Act prior to the date on which reasons of payment occur (e.g., the date when an Old-age pensioner reaches pensionable age, when a Disability pensioner has finished his/her medical treatment or 2 years have passed since the first medical examination, or in the case of Survivor Pension, when the person who is/was a contributor dies) it is considered as a document of verification for disability.

Divided Pension

Eligible Persons

If you lived with your ex-spouse for 5 years or more while your spouse was paying contributions, and your spouse is a beneficiary of Old-age Pension under the social security agreement, you may apply for a divided pension if you meet the following conditions for the benefits.
You are entitled to the payment of benefits
- When you become 60 years of age after having divorced an Old-age pensioner.
- When you divorce an Old-age pensioner after turning 60 years of age.
- When your ex-spouse acquires Old-age pension entitlement after you become 60 years of age.
- When you become 60 years of age after your ex-spouse has acquired Old-age Pension entitlement.
Filling out the Application Form and Required Documents

If you want to apply for a Divided Pension, you must fill out Part A (General information), Part C (Application for a Divided Pension), Part I (to be signed by the applicant) on the "Application for Korean Benefits under the Korea-The U.S. Social Security Agreement" and submit it with the following required documents.
Required documents
- ID such as Alien Registration Card and Passport or just Resident Registration Card.
- A copy of the your Korean bank account information
  
  ※ If you want overseas remittance, you must fill out the Overseas Remittance section Part G (Method of Payment of Benefit) and submit a copy of your foreign bank account information.
- If you are Korean: documents to confirm your divorce such as a copy of your family register, etc.
- If you are a foreigner or an overseas Korean: documents to confirm the period of marriage and occurrence of divorce such as a certificate of marriage, a certificate of residence report of overseas Korean national, or a confirmation of residence.

Disability Pension

Eligible Persons

If you have periods of coverage in Korea and are disabled while you are covered under the German Pension System, you may apply for the Korean Disability Pension under the Social Security Agreement.
Filling out the Application Form and Required Documents

If you want to apply for a Disability Pension, you must fill out Part A (General information), Part D (Application for a Disability Pension), Part H (To be signed by the applicant) on the "Application for Korean Benefits under the Korea-Germany Social Security Agreement" and submit it with the following required documents.
Required documents
- ID such as Alien Registration Card and Passport, or just Resident Registration Card
- A copy of your Korean bank account information
  
  ※ If you want overseas remittance, you must fill out Overseas Remittance section Part A-7 (Method of Payment of Benefit) and submit a copy of your foreign bank account information.
- Documents to verify your disability history
  - Documents sent by the German Agency in relation to your disability(Medical report for disability, X-ray, CT or MRI film, etc.)
  - A Medical report that verifies disability (This form was established under the social security agreement between Korea and Germany. It is to be used if the documents from Germany are not sufficient)
- If the accident occurred while you were working
  - Documents to confirm whether you are eligible for compensation under the Industrial Accident Compensation Insurance Act, the Labor Standard Act or the Seamen Law
- If you receive compensation from a person who caused you harm, you need the related documents
  - the decision of the court or a copy of the settlement reached with the person who caused your disability.
- If you have any dependents supported by you,
  - Documents to verify your family relations: a copy of your family register, a copy of the Registration of Korean Nationals Residing Abroad, a Verification for Residence, a Verification for the marriage in effect, etc.
  - Documents to confirm your dependence status: a Certificate of Studentship, a Certificate of Holding Office, a Certificate of Medical Care, a copy of Certificate of Business Registration, a copy of Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement of the financial institution (communications and portal services), etc.
  - Documents to confirm your disability: a medical report for disability under the Agreement (a Germany medical report is acceptable)

Survivor Pension

Eligible Persons

A surviving dependent of the person who meets the following conditions can apply for a Survivor pension.
Surviving dependents are entitled to the payment of benefits
- When a person with insured periods under the Korean National Pension Scheme dies while he/she was covered under the German Pension system.
- When a person with a totalized insured period of 10 years or more under the Korean and the German Pension system dies after losing insured status.
- When a person with a totalized insured period of less than 10 years under the Korean and German pension systems dies within 2 years after the first medical examination during the insured period due to disease or injury that occurred during the insured period of the German pension system. This case even applies if a person dies within 2 years after the first medical examination which is made within 1 year after that person's insured status was discontinued.
- When a person who is a beneficiary of the Old-age Pension or the Disability Pension with the 1st or 2nd degree of disability under the Agreement dies.
Filling out the Application Form and Required Documents

If a person wants to apply for a Survivor Pension, he/she must fill out Part A (General information), Part E (Application for a Survivor Pension), Part H (To be signed by the applicant) on theApplication for Korean Benefits under the Korea-Germany Social Security Agreement and submit it with the following required documents.
Required documents
- ID such as Alien Registration Card and Passport, or just Resident Registration
- A copy of your Korean bank account information
  
  ※ If you want overseas remittance, you must fill out Overseas Remittance section Part G (Method of Payment of Benefit) and submit a copy of your foreign bank account information.
- Documents to confirm the beneficiary's death
  - a copy of the family register, a medical report for death, a confirmation of the corpse, a certificate of death
- Documents to verify your family relations: a copy of your family register, a copy of the Registration of Korean National Residing Abroad.
- Documents to confirm your surviving dependence status: a Certificate of Studentship, a Certificate of Holding Office, a Certificate of Medical Care, a copy of Certificate of Business Registration, a copy of Building Registration Certificate, documents to confirm special reasons for living separately, a remittance statement of the financial institution (communications and portal services), etc.
- Documents to confirm disability: a medical report for disability under the Agreement(a Germany medical report is acceptable)
- Documents to show the result of the first medical examination
  - a medical report for death, a confirmation of the corpse, a certificate of death and other documents to confirm the first medical examination. (if a Korean national dies in Korea, a report for health insurance medical examination and treatment, etc. is required)
- If the accident occurred while working
  - documents which verify whether you are eligible for compensation under the Industrial Accident Compensation Insurance Act, the Labor Standard Act or the Seamen Law
- If you receive compensation from a person who caused you harm, you need the related documents.
  - the decision of the court or a copy of the settlement reached with the person who caused your disability.

Lump-sum refund

Eligible Persons

If you are a national of the Germany and meet the following conditions, you may apply for a Lump-sum refund. However, once you have received the Lump-sum refund, your concerned insured periods are not totalized for the Korean National Pension or German Pension. Therefore, it may be advantageous for you to apply for a Pension instead of the Lump-sum refund.
You are entitled to the payment of benefits
- A German national with less than 10 years of totalized insured periods under the German and Korean pension systems who reaches 60 years of age, provided that he/she is not eligible for the old-age pension.
- A German national who loses his/her insured status under the Korean National Pension and returns or plans to return to the Germany, provided that he/she is not eligible for the old-age pension.
- A surviving dependent of the German national who died with totalization insured periods less than 10 years under the German and Korean pension systems(only when this surviving dependent is not entitled to the Survivor Pension)
- A surviving dependent of the German national who died with more than 10 years of insured periods under the German and Korean pension systems, but only when this person is not eligible for the Survivor Pension due to the non-payment of contributions.
Filling out the Application Form and Required Documents

If you want to apply for a Lump-sum refund, you must fill out Part A (General information), Part F (Application for a Lump-sum refund), Part H (To be signed by the applicant) on the Application for Korean Benefits under the Korea-Germany Social Security Agreement and submit it with the following required documents.
Required Documents
- ID such as Alien Registration Card and Passport, or just Resident Registration Card.
- A copy of your Korean bank account information
  
  ※ If you want overseas remittance, you must fill out Overseas Remittance section Part A-7 (Method of Payment of Benefit) and submit a certificate of your foreign bank account information.
- When you apply because you are leaving Korea
  - Before leaving Korea: a copy of air ticket
  - After leaving Korea: a copy of your passport (the part which shows the immigration exit stamp dated after you discontinued your Korean insured status)
- When you apply because of death
  - Documents which verify your family relations: a copy of your family register, a copy of the Registration of Korean Nationals Residing Abroad, a Verification for Residence, a Verification for the marriage in effect, etc.
  - Documents to confirm your dependence status: a Certificate of Studentship, a Certificate of Holding Office, a Certificate of Medical Care, a copy of Certificate of Business Registration, a copy of Building Registration Certificate, documents to confirm special reasons for living separately, remittance statement of the financial institution (communications and portal services), etc.
  - Documents to confirm disability: a medical report for disability under the Agreement (a German medical report is acceptable)

※ Information here on our website is a general guide. You can get more information at the International Relations Team of the NPS or any regional office of NPS.

Application for Germany Benefits under the Agreement