Main Contents of the Social Security Agreement Between Korea and Brazil

History of the Agreement with Brazil

• Mar. 2012 :: Held the working-level meeting of the Agreement
• Aug. 2012:Held the meeting for the Administrative Arrangement of the Agreement
• Nov. 2012: Held the implementation meeting of the Agreement
• Nov. 2012:Signing of the Agreement
• Jan. 2013:Singing of the Administrative Arrangement of the Agreement
• Jun. 2013:Provided a written notification to Brazil that Korea has complied with all requirements for entry into force of this Agreement
• Aug. 2015:Received written notification to Korea that Brazil has complied with all requirements for entry into force of this Agreement
• Nov. 2015:Entry into force of the Agreement

Applicable Legislation

• in relation to Korea,
  • - the National Pension Act
• in relation to Brazil,
  • - the laws governing the General Regime of Social Security and the Civil Servants Social Security Regimes regarding old age pension, survivors and disability insurance programs

Personal Scope of this Agreement

• This Agreement shall apply to persons who are or have been subject to the legislation of one or both Parties and to persons with respect to the rights derived from the persons first mentioned in this Article according to the applicable legislation of the Parties.
• ※ 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 party in which he/she is employed.
• ② A self-employed person who resides in the territory of one Party and works in the territory of the other Party shall, with respect to that work, be subject only to the legislation of the other Party, even if the work is rendered remotely.
• ③ A detached person is exempt from being subject to the legislation of the party 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, those periods can be extended.
• ※ For more information, you may refer to the section Agreement or Guide for Exemption Application

[ Applicable legislation under the Agreement ]

Applicable legislation under the Agreement

Type	Work Status	Coverage
Employee	You are working in Brazil
	- for an employer in Brazil who hired you	Brazil
	- for an employer in Korea who sent you to work in Brazil for no more than 5 years (Based on the mutual agreement between the two countries, those periods can be extended.)	Korea
	- for an employer in Korea who sent you to work in Brazil for more than 5 years without extension of detached period	Brazil
	You are working in Korea
	- for an employer in Korea who hired you	Korea
	- for an employer in Brazil who sent you to work in Korea for no more than 5 years (Based on the mutual agreement between the two countries, those periods can be extended.)	Brazil
	- for an employer in Brazil 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 Korea	Korea
	You are self-employed in Brazil	Brazil

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 totalizing the coverage of both countries.
• ① Korean National Pension Benefits under the Social Security Agreement
• - If you 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 program, you may be able to qualify for Korean national pension benefits by totalizing periods of coverage under the Korean and Brazilian pension systems. However, these periods creditable under the Brazilian pension system, must not coincide with those 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 total periods in both countries.
• ② Brazilian Pension Benefits under the Social Security Agreement
• - If you do not have enough periods of coverage to qualify for pension benefits under the Brazilian pension system, you may be able to qualify for Brazilian pension benefits by totalizing periods of coverage under the Korean and Brazilian pension systems. However, these periods creditable under the Korean national pension program, must not coincide with those of under the legislation of Brazil.
• ③ A person who resides in the territory of a Party shall receive equal treatment with nationals of that Party in the application of its legislation regarding entitlement to or payment of benefits.
• ④ Korean lump-sum refunds are granted to Brazilian nationals based on the Agreement.
• ※ For more information, you may refer to the section either Agreement or Guide for Benefits Application.

Agencies of this Agreement

Agencies of this Agreement

Korea	Brazil
National Pension Service (NPS)	National Institute of Social Security www.inss.gov.br