Main Contents of the Social Insurance Agreement between Korea and China

History of the Agreement with China

• February 2003 :The Agreement on the Provisional Measures entered into force
• October 2012 :The Agreement on Social Insurance and Protocol signed
• December 2012 : The Administrative Arrangement of the Agreement and MOU signed
• January 2013 :The Agreement on Social Insurance entered into force

Applicable Legislation

Applicable Legislation

Category	In relation to Korea	In relation to China
Agreement	1) National Pension 2) Government Employees Pension 3)Pension for Private School Teachers and Staff 4) Employment Insurance	1)Basic Old-Age Insurance for Urban Employees 2) New Rural Social Old-Age Insurance 3)Social Old-Age Insurance for Urban Residents 4) Unemployment Insurance
Protocol	-	Basic Medical Insurance

Personal Scope of this Agreement

• This Agreement shall apply to the detached person regardless of his/her nationality, but to the short-term employee, self-employed person and investor only whose nationality is Korea or China.
• ※ 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 works.
• ② A detached worker is exempted from being subject to the legislation of the country which he/she is sent to for no more than 5 years if he/she is covered under the legislation of his/her home country.
  ⇒ Based on the mutual agreement between the two countries, the exemption period can be extended to 13 years.
• ※ For more information, you may refer to the section Agreement, Administrative Arrangement or Guide for Exemption Application

[ Applicable legislation under the Agreement ]

Applicable legislation under the Agreement

Type	Work Status	Coverage
Employee	○ In China,
	- you are a national of Korea who are insured by the Korean National Pension Scheme and are employed by the employer with a place of business in China	Korea
	- you are a national of Korea who are not insured by the Korean National Pension Scheme and are employed by the employer with a place of business in China	China
	- you are employed by the employer with a place of business in Korea and are detached to China no more than 5 years (Based on the mutual agreement between the two countries, the exemption period can be extended to 13 years)	Korea
	- you are employed by the employer with a place of business in Korea and are detached to China more than 5 years without the mutual agreement between the two countries	China
	○ In Korea,
	- you are a national of China who are insured to the Chinese Old-Age Insurance and are employed by the employer with a place of business in Korea	China
	- you are a national of China who are not insured to the Chinese Old-Age Insurance and are employed by the employer with a place of business in Korea	Korea
	- you are employed by the employer with a place of business in China and are detached to Korea no more than 5 years (Based on the mutual agreement between the two countries, the exemption period can be extended to 13 years)	China
	- you are employed by the employer with a place of business in China and are detached to Korea more than 5 years without the mutual agreement between the two countries	Korea
Self-employed	○If you are a national of Korea who are self-employed in China and
	- insured by the Korean National Pension Scheme	Korea
	- not insured by the Korean National Pension Scheme	China
	○If you are a national of China who are self-employed in Korea and
	- insured by the Chinese Old-Age Insurance	China
	- not insured by the Chinese Old-Age Insurance	Korea

Agencies of this Agreement

• Korea
• (1) National Pension Service (NPS)
• China
• (1) Social Insurance Administration of the Ministry of Human Resources and Social Security:
  ⇒ www.mohrss.gov.cn