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HAVE AGREED AS FOLLOWS:

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  agency

  agency means, as regards Korea, the National Pension Corporation; and as regards Canada, the competent authority;

  benefit

  benefit means, as regards a Contracting State, any cash benefit, pension or allowance for which provision is made in the legislation of that Contracting State and includes any supplement or increases applicable to such a cash benefit, pension or allowance;

  competent authority

  competent authority means, as regards Korea, the Minister of Health and Welfare, and as regards Canada, for all matters other than those related to Article 5, the Minister of Human Resources Development, and, for matters related to Article 5, the Minister of National Revenue;

  period of coverage

  period of coverage means, as regards Korea, a period of payment of contributions or a period of earnings from employment or self-employment, as defined or recognized as a period of coverage by the legislation of Korea, or any similar period insofar as it is recognized by that legislation as equivalent to a period of coverage; a period of residence shall not be recognized as a period of coverage; and as regards Canada, a period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes a period during which a disability pension is payable under the Canada Pension Plan;

  legislation

  legislation means, as regards a Contracting State, the laws and regulations specified in Article 2 with respect to that Contracting State;

  national

  national means, as regards Korea, a national of the Republic of Korea as defined in the Nationality Law, as amended; and, as regards Canada, a Canadian citizen.

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• 1 

  Except as otherwise provided in this Article, a person employed in a Contracting State shall, with respect to that employment, be subject only to the legislation of that Contracting State.
• 2 

  Where a person in the service of an employer having a place of business in a Contracting State is sent by that employer to the other Contracting State for a period that is not expected to exceed five years, the person shall, in respect of that employment, be subject only to the legislation of the first Contracting State as if the person were employed in that Contracting State. For the purposes of applying this paragraph, an employer and an affiliated or subsidiary company of the employer, as defined under the national statutes of the Contracting State from which the person was sent, shall be considered as one and the same.

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• 7 

  A person who, but for this Agreement, would be subject to the legislation of both Contracting States in respect of employment as a member of the crew of a ship or aircraft shall, in respect of that employment, be subject only to the legislation of Canada if the person ordinarily resides in Canada and only to the legislation of Korea in any other case.

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  • (a) 

    if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of presence or residence in Korea, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with the person and who are not subject to the legislation of Korea by reason of employment or self-employment;
  • (b) 

    if a person is subject to the legislation of Korea during any period of presence or residence in Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with the person and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment.

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• 1 

  If a person is not eligible for old-age, survivors or disability benefits under the legislation of Korea based on periods of coverage credited exclusively under the legislation of Korea, the agency of Korea shall take into account the person’s periods of coverage credited under the Canada Pension Plan, insofar as they do not coincide, for the purpose of establishing the person’s entitlement to benefits under the legislation of Korea. The preceding sentence shall not apply for purposes of establishing entitlement to old age, survivors or disability benefits unless the person has completed at least twelve months of coverage under the legislation of Korea.

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• 3 

  In determining eligibility for benefits under this Article, the agency of Korea shall credit twelve months of coverage for every year of contributions under the Canada Pension Plan certified as creditable by the agency of Canada.
• 4 

  Where periods of coverage under the Canada Pension Plan are taken into account to establish eligibility for benefits under the legislation of Korea in accordance with this Article, the benefit due shall be determined as follows:

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  • (i) 

    the agency of Canada shall be required to totalize periods to determine a person’s entitlement to a benefit only if that person has completed at least twelve months of residence in Canada as defined in that Act, without reference to sub-paragraph 2(a) of this Article but subject to the provisions of sub-paragraph (b)(ii) of this paragraph; and
  • (ii) 

    only periods of residence in Canada completed on or after 1 January 1988, including periods deemed as such under Article 6, shall be taken into account.
• 2. (a) 

  For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act, a month which is a period of coverage under the legislation of Korea and which is completed after the age at which periods of residence in Canada are credited for purposes of that Act shall be considered as a month of residence in Canada.
  • (b) 

    For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year which includes at least three months of coverage credited under the legislation of Korea shall be considered as a year of contributions under the Canada Pension Plan.

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• 1 

  If a person is entitled to the payment of an Old Age Security pension or a spouse’s allowance solely through the application of the totalizing provisions of Article 8, the agency of Canada shall calculate the amount of the pension or the spouse’s allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act or are deemed as such under Article 6 and which have been completed on or after 1 January 1988.

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  • (a) 

    an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, totalized as provided in Article 8, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and

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  • (c) 

    communicate to each other, as soon as possible, information concerning the measures taken by them for the application of this Agreement and of any changes in their respective legislation which may affect the application of this Agreement.

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• 3 

  Copies of documents which are certified as true and exact copies by an agency of one Contracting State shall be accepted as true and exact copies by an agency of the other Contracting State, without further certification. The agency of each Contracting State shall be the final judge of the probative value of the evidence submitted to it from whatever sources.

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• 1 

  Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Contracting State which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or agency of that Contracting State, but which is presented within the same period to an authority or agency of the other Contracting State, shall be treated as if it had been presented to the competent authority or agency of the first Contracting State.

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  • (a) 

    requests that it be considered as an application under the legislation of the other Contracting State, or

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The Government of the Republic of Korea and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.

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At the signing of the Agreement on Social Security between the Government of Canada and the Government of the Republic of Korea (hereinafter referred to as “the Agreement”), the undersigned have agreed upon the following provisions which shall form an integral part of the Agreement.

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• 2 

  The periods of coverage, for which contributions have been refunded in lump-sum, shall not be certified by the agency of Korea as creditable in totalizing periods to determine entitlement to a benefit.

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