AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE REPUBLIC OF KOREA
AND
THE SWISS CONFEDERATION

The Republic of Korea and the Swiss Confederation (hereinafter referred to as the "Contracting Parties"),

Being desirous of regulating their mutual cooperation in the field of social security, of facilitating the movement of employed and self-employed persons between the Contracting Parties and, in particular, of avoiding that employed and self-employed persons are subject to compulsory coverage under the legislation of both Contracting Parties at the same time,

Have agreed as follows:

Article 1

Definitions

1.	For the purpose of this Agreement:

(a)	"Legislation" means, the laws, acts and regulations specified in Article 2 of this Agreement;

(b)	"Competent Authority" means, as regards the Republic of Korea (hereinafter referred to as "Korea"), the Minister of Health and Welfare and the Minister of Employment and Labor, and as regards the Swiss Confederation (hereinafter referred to as "Switzerland"), the Federal Social Insurance Office;

(c)	"Competent Institution" means, as regards Korea, the National Pension Service, and as regards Switzerland, the competent compensation fund for old-age, survivors’ and invalidity insurance;

(d)	"Liaison Body" means, as regards Korea, the National Pension Service, and as regards Switzerland, the Federal Social Insurance Office;

(e)	"Territory" means, as regards Korea, the territory of the Republic of Korea, and as regards Switzerland, the territory of the Swiss Confederation;

(f)	"National" means, as regards Korea, a national of the Republic of Korea as defined in the Nationality Law, and as regards Switzerland, a Swiss citizen.

2.	Any other term not defined in this Article shall have the meaning assigned to it under the applicable legislation of the respective Contracting Party.

Article 2

Material Scope

1.	This Agreement shall apply to the following legislation:

(a)	as regards Korea,

(i)	the National Pension Act;

(ii) the Employment Insurance Act; and

(iii)	the Act on the Collection, etc. of Premiums for Employment Insurance and for Industrial Accident Compensation Insurance (excluding provisions on Premiums for Industrial Accident Compensation Insurance);

(b) as regards Switzerland,

(i)	the Federal Law on old-age and survivors' insurance; and

(ii)	the Federal Law on invalidity insurance.

2. Unless otherwise provided in this Agreement, the legislation 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 Party and a third State, or legislation promulgated for their specific implementation.

3.	This Agreement shall also apply to future legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1 of this Article.

4.	Notwithstanding paragraph 3 of this Article, this Agreement shall not apply to laws or regulations which extend the existing legislation of one Contracting Party to new categories of beneficiaries, if the Competent Authority of that Contracting Party notifies 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.

Article 3

Personal Scope

1.	This Agreement shall apply to any person who is or who has been subject to the legislation of either Contracting Party, and to his or her accompanying family members within the meaning of the applicable legislation of either Contracting Party.

2.	Articles 8 and 13 shall only apply to nationals of the Contracting Parties.

Article 4

General Rule

Unless otherwise provided in this Agreement and subject to Articles 5 to 10, an employed or self-employed person who works in the territory of a Contracting Party shall, in respect of that work, be subject only to the legislation of that Contracting Party.

Article 5

Posted Workers

An employed person who is subject to the legislation of a Contracting Party and who is temporarily posted to the territory of the other Contracting Party to perform services for the same employer shall, in respect of these services, be subject only to the legislation of the first Contracting Party during the first 72 months of the posting as though these services were performed in its territory. This paragraph shall also apply to an employed person who has been 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 6

Self-employed Persons

A self-employed person who ordinarily resides in the territory of a Contracting Party and who works for his or her own account in the territory of the other Contracting Party or in the territories of both Contracting Parties, shall, in respect of that work, be subject only to the legislation of the first Contracting Party.

Article 7

Public Employees

An employee of a public service or public corporation who is posted by one Contracting Party to the territory of the other Contracting Party shall be subject to the legislation of the Contracting Party which posted him.

Article 8

Mariners and Aircraft Crew

1.  A national of one of the Contracting Parties who is a member of the crew of a sea-going vessel flying the flag of a Contracting Party and is a resident of either Contracting Party shall be insured in accordance with the legislation of the Contracting Party of legal residence.

2.  A person who is employed as an officer or member of the crew of an aircraft shall, in respect of that employment, be subject to the legislation of the Contracting Party in the territory of which the enterprise by which he or she is employed has its head office. If, however, the enterprise has a branch or permanent representation in the territory of the other Contracting Party, such a person employed by that branch or representation and who is not subject to Article 5 shall be subject to the legislation of the Contracting Party in the territory of which the branch or representation is located.

Article 9

Members of Diplomatic Missions and Consular Post

Nothing in this Agreement shall affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963.

Article 10

Exceptions

At the joint request of an employee and his/her employer or at the request of a self-employed person, the Competent Authorities or the Competent Institutions of the two Contracting Parties may agree to grant an exception to Articles 5 to 9 with respect to particular persons or categories of persons provided that any affected person shall be subject to the legislation of one Contracting Party.

Article 11

Accompanying Family Members

1.	Where in the application of Articles 5 to 10 a person remains subject to the legislation of one Contracting Party while he or she is gainfully employed in the territory of the other Contracting Party, the same shall apply to the spouse and children of this person residing with that person in the territory of the second Contracting Party, provided that they are not gainfully employed themselves in the territory of this Contracting Party.

2.	Where in the application of paragraph 1 the Swiss legislation applies to the spouse and children, they shall be insured by the Swiss old-age, survivors' and invalidity insurance.

Article 12

Issue of Certificates

1.	In the circumstances described in Articles 5 to 10, the Competent Institution of the Contracting Party whose legislation is to be applied shall, upon request, issue a certificate stating that the employee or self-employed person is subject to that legislation. The certificate must include information on the period for which it is valid.

2.	The Competent Institution of the Contracting Party which issues the certificate referred to in paragraph 1 of this Article shall furnish one copy of the certificate to the employee or self-employed person concerned as well as to the employer of the employee and the Competent Institution of the other Contracting Party.

Article 13

Reimbursement of Contributions

1.	Where a national of a Contracting Party is subject to the legislation of the other Contracting Party, such person shall be refunded the contributions made, in accordance with the applicable legislation, at the time of relocation from the territory of the second Contracting Party.

2.	Payments shall be paid out directly to the beneficiaries.

3.	When a Contracting Party pays out the reimbursement of the lump sum in a freely convertible currency, the conversion rate shall be the rate of exchange in effect on the day when the payment is made.

Article 14

Exchange of Information and Mutual Assistance

1. The Competent Authorities and Competent Institutions responsible for the application of this Agreement:

(a)	shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement;

(b)	shall lend their good offices and furnish assistance to one another with regard to the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and

(c)	shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.

2.	The liaison bodies of both Contracting Parties shall agree on the details of the implementation of this Article including the establishment of forms and the intervals of information exchange.

3.	The exchange of information and assistance referred to in paragraphs 1 and 2 of this Article shall be provided free of charge.

Article 15

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 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 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 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 Competent Institution of one Contracting Party shall be accepted as true and exact copies by the Competent Authority or Competent Institution of the other Contracting Party, without further certification.

Article 16

Languages of Communication

1.	In implementing this Agreement the Competent Authorities and the Competent Institutions of the Contracting Parties specified in this Agreement may communicate directly with each other in their official languages.

2.	Documents, especially application forms and certificates, may not be rejected because they are written in the official language of the other Contracting Party.

Article 17

Data Protection

1.	Information about an individual which is transmitted in accordance with this Agreement to the Competent Authority or Competent Institution of a Contracting Party by the Competent Authority or 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 shall be protected by the transmitter and the recipient of the data against any unauthorized access, modification or communication. Such information received by the Competent Authority or Competent Institution of a Contracting Party shall be governed by the national laws and regulations of that Contracting Party for the protection of privacy and confidentiality of personal data. Following use, storage and discard of such information received by the Competent Authority or Competent Institution of a Contracting Party shall be governed by the national laws and regulations for the protection of privacy of that Contracting Party.

2.	The Competent Authority or Competent Institution that provides the data shall ensure their exactness and that their contents are in proportion to the purpose indicated. In this respect, any restrictions concerning the transmission of personal data stipulated under national laws and regulations must be respected. If inadequate data or data which should not have been transmitted are sent, the recipient shall be informed immediately and shall rectify the situation or destroy the data concerned.

3.	The transmitted personal data shall be kept only as long as the purpose for which they were transmitted requires.

Article 18

Settlement of Disputes

Any dispute between the Contracting Parties regarding the interpretation or application of this Agreement shall be settled by mutual consultation of the Competent Authorities of both Contracting Parties.

Article 19

Transitional Provision

In applying Article 5 to persons who were sent to a Contracting Party prior to the date of the entry into force of this Agreement, the periods of employment referred to in that Article shall be considered to begin on the date of the entry into force of this Agreement.

Article 20

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 the requirements for the entry into force of this Agreement.

Article 21

Period of Duration and Termination

1.	This Agreement shall be valid for an indefinite period of time. Either Contracting Party may terminate it, at the end of a calendar year by giving 12 months’ written notice.

2.	In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at Bern on January 20, 2014, in the Korean, German and English languages, each text being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

FOR THE REPUBLIC OF KOREA          FOR THE SWISS CONFEDERATION