Social Security Agreement for Japanese, Uzbek, and Mongolian Nationals
□Introduction
Foreigners 18-60 years old who are residing and working in Korea, regardless of their nationality, should be covered under the National Pension Service (NPS). Foreigners whose countries do not cover Korean nationals, however, are excluded from the coverage of NPS. Even so, if there are relevant provisions under the Social Security Agreement (SSA) between Korea and a foreigner’s country, those provisions will be applied.
To protect the rights of foreigners, the SSA is publishing a series of articles highlighting SSAs in cooperation with Gwangju News. This month’s featured SSA is for foreigners from Japan, Uzbekistan and Mongolia.
□Japan
◯SSA between Korea and Japan entered into force: Apr. 2005
◯Exemption from Dual Coverage
①In general, an employee or a self-employed person who works in the territory of one contracting country, in respect to that work, is subject to the legislation of that contracting country.
②Where an employee or a self-employed person works in both countries for the same period, the person is subject to the legislation of the contracting country in which he/she ordinarily resides.
③A detached worker is exempt from coverage under the pension system of the contracting country to which he/she is sent for less than 5 years if he/she is covered under the pension scheme of his/her home country (a 3-year extension is available at the consent of both countries’ agencies)
④If a person who has been self-employed in one contracting country is temporarily self-employed for less than 5 years exclusively in the other contracting country, he/she is subject to the legislation of the former contracting country and exempt from coverage under the pension system of the latter contracting country (a 3-year extension is available by the consent between both countries’ agencies).
⑤The spouse and dependents of a detached worker are exempt from coverage under the pension system of the contracting country where the detached worker is sent for less than 5 years if they are not engaged in income-earning activities in that contracting country.
◯Benefits under this Agreement
①Since the Agreement on Social Security between Korea and Japan is a contributions-only agreement there is no provision of totalization of periods of coverage for the entitlement to benefit.
②Therefore there are no pension benefits under the agreement, whether the payment is granted depends on the each country’s legislation respectively.
③A Korean lump-sum refund is not paid to nationals of Japan.
□Uzbekistan
◯SSA between Korea and Uzbekistan entered into force: May. 2006
◯Exemption from Dual Coverage
①According to the territorial principle, an employee is subject to the legislation of a contracting country in which he/she is employed and a self-employed person is subject to the legislation of the contracting country in which the person works.
②A national of one contracting country is exempt from coverage under the pension system of the other contracting country for less than five years, if he/she is covered under the pension scheme of his/her home country.
③Uzbek workers working in Korea under the Korean Industrial Training System or the Employment Permit System are exempt from coverage of the National Pension Scheme for 60 months without any other application procedure required for it.
◯Benefits under this Agreement
①Since the Agreement on Social Security between Korea and Uzbekistan is a contributions-only agreement, there is no provision of totalization of periods of coverage for the entitlement to benefit.
②Therefore there is no pension benefits under the agreement, whether the payment is granted depends on the each country’s legislation respectively.
③A Korean lump-sum refund is not paid to the nationals of Uzbekistan
□Mongolia
◯SSA between Korea and Mongolia entered into force: Mar. 2007
◯Exemption from Dual Coverage
①According to the territorial principle, an employee is subject to the legislation of a contracting country in which he/she is employed and a self-employed person is subject to the legislation of the contracting country in which the person works.
②A national of one contracting country is exempt from coverage under the other contracting country’s legislation for less than 5 years, if he/she is covered under the legislation of his/her home country.
③Mongolian workers working in Korea under the Korean Industrial Training System or the Employment Permit System are exempt from coverage under the Korean legislation for 60 months with the Certificate of Coverage of Mongolian legislation.
◯Benefits under this Agreement
①Since the Agreement on Social Security between Korea and Mongolia is a contributions-only agreement, there is no provision of totalization of periods of coverage for the entitlement to benefit.
②Therefore there is no pension benefits under the agreement, whether the payment is granted depends on the each country’s legislation respectively.
③A Korean lump-sum refund is not paid to Mongolian nationals.