SCHEDULE
CONVENTION ON SOCIAL
SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF THE REPUBLIC OF KOREA
The Government of the
United Kingdom of Great Britain and Northern Ireland and the Government of the
Republic of Korea;
Being resolved to co-operate
in the field of social affairs and, in particular, as regards liability for
social security contributions;
Wishing to promote the
welfare of persons moving between, or working in, their respective territories;
Wishing to ensure that
persons from both countries shall enjoy equal rights in respect of matters
covered by this Convention under their respective social security legislation;
Have agreed as follows:
PART I
GENERAL
PROVISIONS
Article 1 Definitions
(1) For
the purpose of this Convention the following definitions apply, except where
the text provides otherwise:
“competent
authority” means –
(i) in relation to
the territory of the United Kingdom, the Department of Social Security for
Great Britain, the Commissioners of Inland Revenue or their authorized
representative, the Department of Health and Social Services for Northern
Ireland, the Department of Health and Social Security of the Isle of Man, the
Employment and Social Security Committee of the States of Jersey or the
Guernsey Social Security Authority as the case may require, and
(ii) in
relation to the Republic of Korea, the Ministry of Health and Welfare;
“employed person”
means –
(i) in relation to
Great Britain, Northern Ireland or the Isle of Man, a person who, in the
applicable legislation, comes within the definition of an employed earner or of
an employed person, or is treated as such, and
(ii) in
relation to Jersey and Guernsey, a person who, in the applicable legislation,
comes within the definition of an employed or self-employed person, and
(iii) in
relation to the Republic of Korea, a person who, in the applicable legislation,
comes within the definition of an employed person,
and the words “person
is employed” shall be construed accordingly;
“employment”
means employment as an employed person and the words “employ”,
“employed” or “employer” shall be construed
accordingly;
“Guernsey”
means the Islands of Guernsey, Alderney, Herm and Jethou;
“insured”
means –
(i) in relation to
the United Kingdom, that contributions have been paid by, or are payable by, or
in respect of, or have been credited in respect of, the person concerned, and
(ii) in
relation to the Republic of Korea, that contributions have been paid by, or are
payable by, the person concerned, or have been exempted from payment in respect
of the person concerned;
“Jersey” means
the Island of Jersey;
“legislation”
means, in relation to a Party, such of the legislation specified in Article 2
as applies in the territory of a Party or, in relation to the United Kingdom,
in any part of the territory of the United Kingdom;
“Party”
means –
(i) the United
Kingdom, and
(ii) the
Republic of Korea;
“self-employed person”
means a person who, in the applicable legislation, comes within the definition
of a self-employed earner or of a self-employed person or is treated as such,
and the words “person is self-employed” shall be construed
accordingly;
“ship” means
any ship whose port of registry is a port in either territory, or a hovercraft
which is registered in either territory, and whose owner (or managing owner if
there is more than one owner) resides in, or has a place of business in, either
territory;
“United
Kingdom” means Great Britain and Northern Ireland, and, where the context
of this Convention requires, also the Isle of Man, Jersey and Guernsey and,
similarly, references to “territory” in relation to the United
Kingdom shall, where the context requires, mean also the Isle of Man, Jersey
and Guernsey.
(2) Other
words and expressions which are used in this Convention have the meanings
respectively assigned to them in the legislation concerned.
(3) Any
reference in this Convention to an “Article” means an Article of
this Convention, and any reference to a “paragraph” is a reference
to a paragraph of the Article in which the reference is made, unless it is
stated to the contrary.
Article 2 Scope of Legislation
(1) This
Convention shall apply,
(a) in
relation to the territory of the United Kingdom, to:
(i) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992 and the Social Security (Consequential Provisions)
Act 1992;
(ii) the
Social Security Administration (Northern Ireland) Act 1992, the Social
Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social
Security (Consequential Provisions) (Northern Ireland) Act 1992;
(iii) the Social
Security Administration Act 1992, the Social Security Contributions and
Benefits Act 1992 and the Social Security (Consequential Provisions)
Act 1992 (Acts of Parliament) as those Acts apply to the Isle of Man by
virtue of Orders made, or having effect as if made, under the Social Security
Act 1982 (an Act of Tynwald);
(iv) the Social
Insurance (Guernsey) Law, 1978;
(v) the Social Security
(Jersey) Law, 1974,
and the legislation which
was repealed or consolidated by those Acts, Laws or Orders or repealed by
legislation consolidated by them.
(b) in
relation to the Republic of Korea, to the National Pension Act 1986 and
its enforcement rules and regulations;
(2) This
Convention shall apply also to any legislation which supersedes, replaces,
amends, supplements or consolidates the legislation specified in paragraph (1).
(3) This
Convention shall not apply to:
(a) the
legislation on social security adopted by the Council, or the Council and the
Parliament, of the European Community, or
(b) legally
binding provisions on social security contained in agreements between the
European Community, its Member States and a third country, or adopted pursuant
to such an agreement, or
(c) any
convention on social security which either Party has concluded with a third
party or to any laws or regulations which amend the legislation specified in paragraph (1)
for the purpose of giving effect to such a convention,
but shall not prevent
either Party from taking into account under its legislation the provisions of
any other social security convention which that Party has concluded with a
third country.
Article 3 Equal Treatment
(1) A
person who is, or has been, subject to the legislation of one Party shall,
while he is in the territory of the other Party, have the same rights and
obligations under the legislation of the other Party as a national of that
Party.
(2) Paragraph (1)
shall not apply to lump sums refunds of contributions which would otherwise be
paid in accordance with Article 102 of the National Pension Act of the
Republic of Korea.
PART II
PROVISIONS
WHICH DETERMINE THE LEGISLATION APPLICABLE CONCERNING CONTRIBUTION LIABILITY
Article 4 General Provisions
(1) Subject
to paragraphs (2) to (4) and Articles 5 to 8, where a person is
employed in the territory of one Party, liability for contributions for him
shall be determined under the legislation of that Party, and that legislation
shall apply to him as if he were ordinarily resident in the territory of that
Party.
(2) Where
a person is employed in the territory of both Parties for the same period,
liability for contributions for him shall be determined only under the
legislation of the Party in whose territory he is ordinarily resident.
(3) Where
a person is ordinarily resident in the territory of one Party and is
self-employed in the territory of the other Party, or in the territory of both
Parties, liability for contributions for him shall be determined only under the
legislation of the Party in whose territory he ordinarily resides and that
legislation shall apply to him as if he were self-employed in the territory of
that Party.
(4) Where
a person is employed in the territory of one Party and self-employed in the
territory of the other Party for the same period, liability for contributions
for him shall be determined only under the legislation of the Party in whose
territory he ordinarily resides.
(5) Where,
under Articles 5 and 6, a person is employed in the territory of one Party
while remaining liable for contributions under the legislation of the other
Party, the legislation of the former Party shall not apply to him and he shall
not be liable, nor entitled, to pay contributions under the legislation of the
former Party.
(6) Where
a person is not gainfully employed and is ordinarily resident in Jersey or
Guernsey, any liability for contributions shall be determined under the
legislation of Jersey or Guernsey, as the case may be.
(7) A
person who is entitled to receive disability pension for any period under the
legislation of the Republic of Korea while he is in Jersey or Guernsey, shall
be excepted from liability to pay a contribution in respect of that period,
other than as an employed or self-employed person, under the legislation of
Jersey or Guernsey.
(8) A
person who is entitled to receive widow’s benefit under the legislation
of Jersey or Guernsey shall be awarded credits only for periods during which
that person is ordinarily resident in Jersey or Guernsey, as the case may be.
Article 5 Detached Workers
(1) Subject
to Articles 6 and 7, where a person who is insured under the legislation
of one Party, and employed by an employer with a place of business in the
territory of that Party, is sent by that employer to work in the territory of
the other Party, the legislation of the former Party concerning liability for
contributions shall continue to apply to him as if he were employed in the
territory of that Party, and the legislation of the latter Party shall not
apply to him, provided that the employment in the territory of the other Party
is not expected to last for more than five years.
(2) In
relation to the Republic of Korea, for the purposes of applying paragraph (1),
an employer and an affiliated or subsidiary company of the employer (as defined
under the legislation of the Republic of Korea) shall be considered one and the
same.
Article 6 Mariners and Aircraft Crew
A person who, but for the
provisions of this Convention, would be subject to the legislation of both
Parties in respect of employment as an officer or member of a crew on a ship or
aircraft shall, in respect of that employment, be subject only to the
legislation of the Party in whose territory he ordinarily resides.
Article 7 Diplomats, Government Servants and Consular Employees
(1) This
Convention shall not apply to persons who are exempt from the social security law
of the Party in whose territory they are present or resident by virtue of the
Vienna Convention on Diplomatic Relations of April 18, 1961, or of
the Vienna Convention on Consular Relations on April 24, 1963.
(2) Subject
to paragraph (1), where any person who is employed in the Government
Service, or treated as such, or in the local Government Service of one Party is
sent to work in the territory of the other Party, the legislation of the former
Party concerning liability for contributions shall apply to him as if he were
employed in its territory.
(3) Subject
to paragraphs (1) and (2), where a person is employed in a diplomatic
mission or consular post of one Party in the territory of the other Party, or
in the private service of a member of such a mission or post, the legislation
of the latter Party concerning liability for contributions shall apply to him
as if he were employed in its territory, unless within three months of the
entry into force of this Convention, or within three months of the beginning of
the employment in the territory of the latter Party, whichever is the later, he
chooses to be insured under the legislation of the former Party, provided that,
in the case of the United Kingdom, he had been so insured previously. Where,
under this paragraph, a person has the right to choose to be insured under the
legislation of the former Party but does not choose to do so, he shall not be
liable, nor entitled, to pay contributions under the legislation of the former
Party.
Article 8 Modification Provisions
Exceptionally, the
competent authorities of the Parties may agree to modify the application of Articles 4
to 7 in respect of particular persons or categories of persons, provided that the
persons shall be subject to the legislation of one Party.
PART III
MISCELLANEOUS
PROVISIONS
Article 9 Arrangements for Administration and Co-operation
(1) The
competent authorities of the two Parties shall:
(a) establish
the administrative arrangements necessary for the application of this
Convention;
(b) designate
liaison agencies for the purpose of facilitating the implementation of this
Convention;
(c) communicate
to each other, as soon as possible, all information about the measures taken by
them for the application of this Convention or about changes to their national
legislation in so far as these changes affect the application of this
Convention;
(d) assist
each other, within the scope of their respective legislations, on the
application of this Convention. This assistance shall be free of charge.
(2) Where
the legislation of one Party provides that any certificate or other document
which is submitted under the legislation of that Party shall be exempt, wholly
or partly, from any taxes, legal dues, consular fees or administrative charges,
that exemption shall apply to any certificate or other document which is
submitted under the legislation of the other Party or in accordance with this
Convention.
(3) All
statements, documents and certificates of any kind required to be produced for
the purposes of this Convention shall be exempt from authentication by
diplomatic or consular authorities.
(4) No
certificate, document or statement of any kind written in an official language
of either Party shall be rejected on the ground that it is written in a foreign
language.
(5) Unless
disclosure is required under the legislation of a Party, any information about
an individual which is sent in accordance with, and for the purposes of, this
Convention to that Party by the other Party is confidential and shall be used
only for the purpose of implementing this Convention and the legislation to
which this Convention applies.
Article 10 Resolution of Disputes
Any disagreement
regarding the interpretation, or application, of this Convention shall be
resolved by consultation between the competent authorities.
PART IV
TRANSITIONAL
AND FINAL PROVISIONS
Article 11 Transitional Provisions
In applying Article 5
in the case of persons who were sent to the territory of a Party prior to the
date of entry into force of this Convention, the period of employment referred
to in that Article shall be considered to begin on that date.
Article 12 Entry into Force
This Convention 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 Convention.
Article 13 Life of the Convention
This Convention 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 one of the
Parties to the other Party.
IN WITNESS WHEREOF, the
undersigned, duly authorised by their respective Governments, have signed this
Convention.
Done in duplicate at
Seoul this 20th day of April 1999, in the English and Korean
languages, both texts being equally authentic.
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For the Government of the United Kingdom of Great Britain and
Northern Ireland
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For the Government of the Republic of Korea
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DEREK FATCHETT
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HONG S.Y.
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