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AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF KOREA AND
THE GOVERNMENT OF THE KINGDOM OF SWEDEN

The Government of the Republic of Korea and the Government of the Kingdom of Sweden (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:

Part Ⅰ

General Provisions

Article 1

Definitions

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 "Sweden"), 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 Sweden, the Government or the authority nominated by the Government;

(d)	"Competent Institution" means, as regards Korea, the National Pension Service, and as regards Sweden, the institution responsible for the implementation of 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 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 Sweden,

(i)	the legislation on sickness compensation and activity compensation,

(ii)	the legislation on income-based old-age pensions and guarantee pensions, 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 legislation specified in paragraph 1 of this Article.

3.	Notwithstanding paragraph 2 of this Article, this Agreement shall not apply to the laws or regulations which extend 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. 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) guarantee pensions 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, be 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 sent 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 Institutions designated by them consent upon the joint request of 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 Mission, Consular Posts and

Persons Employed by the Government

1.	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.

2.	Subject to paragraph 1 of this Article, a person employed by the government of a Contracting Party, whois sent 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 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 Institutions designated by them may agree to grant an exception to this Part 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 under the legislation of the two Contracting Parties, the Competent Institutions of each Contracting Party shall, in determining eligibility for benefits under the legislation which it applies, take into account, if necessary, periods of coverage under the legislation of the other Contracting Party provided that such periods 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 periods 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 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 insured event occurs shall be considered to have been met if the person is covered for a benefit under the Swedish legislation during a period in which the 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 periods 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, payment of lump-sum refunds shall be decided in accordance with the legislation of Korea.

5.	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 Sweden 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, only periods 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 Institutions of the Contracting Parties shall, within the scope of their respective authorities:

(a)	communicate to each other, to the extent permitted by 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 Institutions 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 Institutions of that Contracting Party by the Competent Authority or the Competent Institutions 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 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 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 Institutions 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 prescribed period with a 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 beneficiaries 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 Institutions of the Contracting Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirits 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 Institutions 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 this Agreement. However, the Competent Institution of neither Contracting Party shall be required to take into account periods of coverage which occurred prior to the earliest date for which periods 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 under 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 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 Korean, Swedish and English languages, each text being equally authentic.  In case of any divergence of interpretation, the English text shall prevail.

FOR THE GOVERNMENT OF	FOR THE GOVERNMENT OF

THE REPUBLIC OF KOREA	THE KINGDOM OF SWEDEN