Main Contents of the Social Security Agreement Between Korea and Czech Republic
History of the Agreement with Czech Republic
- Jun. 2006 : Held the first round of Negotiation Meetings for the Agreement in Korea
- May 2007 : Participated in the meetings for the Administrative Arrangement of the Agreement in Czech Republic
- Dec. 2007 : Signed the Agreement on Social Security between Korea and Czech Republic in Czech Republic complied with all requirements for entry into force of this Agreement
- Jun. 2008 : Received written notification from Czech Republic that Czech Republic has
- Jul. 2008 : Signed the Administrative Arrangement of the Agreement in Korea
- Sep. 2008 : Participated in the meetings for the implementation of the Agreement in Czech Republic
- Oct. 2008 : Provided a written notification to Czech Republic that Korea has complied with all requirements for entry into force of this Agreement
- Nov. 2008 : Social Security Agreement between Korea and Czech Republic entered into force
Applicable Legislation
| Korea | Czech Republic |
|---|---|
| (1) the National Pension Act (2) with regard to Part Ⅱ only, - the Employment Insurance Act - the Act on the Collection of Premiums for Employment Insurance and for Industrial Accident Compensation Insurance excluding provisions on Premiums for Industrial Accident Compensation Insurance |
(1) the Pension Insurance Act and related acts; (2) the Social Security Contributions and State Employment Policy Premium Act. |
Personal Scope of this Agreement
- This Agreement shall apply to any person who is or who has been subject to the social security legislation of either contracting country and to the dependents and survivors of such a person regardless of his/her nationality. Therefore, this agreement may apply to a national of both contracting countries, stateless person,refugee and a national of a third state if they are or have been subject to the legislation of either contracting country.
- ※ For more information, you may refer to the section Agreement
Exemption from Dual Coverage
- ① In general, an employee is subject to the legislation of a contracting country in which he/she is employed.
- ② In general, a self-employed person is subject to the legislation of the country where he/she is engaged in self-employment.
- ③ A detached worker is exempt from being covered under the legislation of the 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 (In the case that agencies of both contracting countries agree on, exemption period may be extended up to 3 years).
- ④ If a person who is ordinarily self-employed in his/her home country is temporarily (within 5 years) self-employed in the other contracting country, he/she is only subject to the legislation of his/her home country during that period (In the case that agencies of both contracting countries agree on, exemption period may be extended up to 3 years).
- ※ For more information, you may refer to the section Agreement or Guide for Exemption Application.
[ Countries that workers and the self-employed pay their contributions to ]
| Type | Work Status | Coverage |
|---|---|---|
| Employee | You are working in Czech Republic | |
| - for an employer in Czech Republic who hired you | Czech | |
| - for an employer in Korea who sent you to work in Czech Republic for less than 5 years (those periods can be extended up to 3 years based on mutual agreement between two countries) | Korea | |
| - for an employer in Korea who sent you to work in Czech Republic for more than 5 years without extension of detached period | Czech | |
| Working in Korea | ||
| - for an employer in Korea who hired you | Korea | |
| - for an employer in Czech Republic who sent you to work in Korea for less than 5 years (those periods can be extended up to 3 years based on mutual agreement between two countries) | Czech | |
| - for an employer in Czech Republic who sent you to work in Korea for more than 5 years without extension of detached period | Korea | |
| Self-employed | You are self-employed in Czech Republic | |
| - self-employed in Czech Republic | Czech | |
| - temporarily self-employed in Czech Republic for less than 5 years while ordinarily self-employed in Korea | Korea | |
| You are self-employed in Korea | ||
| - self-employed in Korea | Korea | |
| - temporarily self-employed in Korea for less than 5 years while ordinarily self-employed in Czech Republic | Czech |
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.
- ① 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 National Pension Scheme, you may be able to qualify for Korean National Pension benefits by totalizing periods of coverage under the Korean and Czech pension systems. However, those periods creditable under the Czech Republic 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 benefits amount (Theoretical Benefit). The benefits amount (Theoretical Benefit) is calculated based on the totalized periods in both countries.
※ If you are not qualify for Korean National Pension benefits by totalizing periods of coverage of both contracting countries, you may be able to qualify for Korean National Pension benefits by totalizing periods of coverage accumulated under the legislation of a third state with which both contracting countries are bound by social security instruments which provide for the totalization of periods. - ② Czech Republic Pension Benefits under the Social Security Agreement
- - If you have period of coverage under the Czech Republic National Pension Scheme but do not have enough periods of coverage (e.g., at least 25 years for Old-age pension but 15 years at age of 65) to qualify for pension benefits under the Czech Republic pension system, you may be able to qualify for Czech Republic pension benefits by totalizing periods of coverage under the Korean and Czech pension systems. However, those periods creditable under the Korean National Pension Scheme, must not coincide with the periods under the legislation of Czech Republic.
- Your benefit is calculated by dividing the Korean periods of coverage by the total periods of coverage and then multiplying by the benefits amount (Theoretical Benefit). The benefits amount (Theoretical Benefit) is calculated based on the totalized periods in both countries. - ③ A person who is or has been subject to the legislation of either contracting country and the dependents and survivors of such a person and who resides in the other contracting country is treated equally with the national of the other contracting country in the application of the legislation of the other contracting country.
- ④ Korean lump-sum refunds are granted to Czech Republic nationals based on the Agreement. However, lump-sum refunds can be paid to nationals of a third state only in accordance with the reciprocity principle under the National Pension Act.
- ⑤ There is no lump-sum refund system under the Czech Republic social security, and as such any contribution which a Korean national paid to the Czech Republic social security system will be granted in monthly installments not in a lump-sum.
- ※ For more information, you may refer to the section Agreement or Guide for Exemption Application
| As regards Korea, | As regards Czech Republic, |
|---|---|
| (1) National Pension Service (NPS) | Czech Social Security Administration (CSSA) (www.cssz.cz) |
