AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE REPUBLIC OF KOREA

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The Government of the Republic of the Philippines and the Government of the Republic of Korea,

Being desirous of regulating the relationship between their two countries in the field of social security,

Have agreed as follows:

PART I

GENERAL PROVISIONS

Article 1

Definitions 

1.
For the purposes of this Agreement:

(a)
“Contracting Party” means the
Republic of Korea or the Republic of the Philippines (hereinafter
referred to as “Korea” or “the Philippines”, respectively);

(b)
“national” means:

(i)
as regards Korea, a Korean national as defined in the Nationality Law, and

(ii)
as regards the Philippines, a Filipino national as defined in Philippine laws;

(c)
“legislation” means the laws and regulations specified in Article 2 of this Agreement;

(d)
“Competent Authority” means:

(i)
as regards Korea, the Ministry of Health and Welfare, and

(ii)
as regards the Philippines, the President
and Chief Executive Officer of the Social Security System and the
President and General Manager of the Government Service Insurance
System, to the extent that each is responsible under the legislation
specified in Article 2 of this Agreement;

(e)
“Competent Institution” means:

(i)
as regards Korea, the National Pension Service, and

(ii)
as regards the Philippines, the Social
Security System and the Government Service Insurance System; to the
extent that each is responsible under the legislation specified in
Article 2 of this Agreement;

(f)
“period of coverage” means any
period of contribution that has been recognized and completed under the
legislation of a Contracting Party, and any other period taken into
account under that legislation for establishing entitlement to benefits
or for calculating the amount of benefits; and

(g)
“benefit” means any benefit provided for in the legislation specified in Article 2 of this Agreement.

2.
Any term not defined in this Article shall have the meaning assigned to it in the applicable legislation.

3.
The Contracting Parties shall
inform each other, without delay, of any changes in their Competent
Authorities and Competent Institutions through diplomatic channels.

Article 2

Applicable Legislation

1.
This Agreement shall apply to the following legislation:

(a)
as regards Korea, the National Pension Act;

(b)
as regards the Philippines:

(i)
the Social Security Act of 2018 as it relates to retirement, disability and death benefits;

(ii)
the Government Service Insurance Act of 1997 as it relates to retirement, disability, death and survivorship; and

(iii)
the Portability Law as it relates to totalizing creditable period of contributions under the Acts specified in sub-paragraphs (i) and (ii).

2.
Unless otherwise provided in this Agreement, the legislation referred to in paragraph 1 of this Article shall not include treaties or other international agreements on social security that may be concluded between one Contracting Party and a third State, or legislation promulgated for their specific implementation.

3.
This Agreement shall also apply to future legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1 of this Article.

4.
Notwithstanding paragraph 3 of this Article, this Agreement shall not apply to laws or regulations which extend the existing legislation of one Contracting Party to new categories of beneficiaries, if the Competent Authority of that Contracting Party notifies the Competent Authority of the other Contracting Party in writing, within six months from the date of the entry into force of such laws or regulations, that no such extension to the Agreement is intended.

Article 3

Personal Scope

This Agreement shall apply to any person who is or
who has been subject to the legislation of either Contracting Party, and
to the dependents and survivors of such a person within the meaning of
the applicable legislation of either Contracting Party.

Article 4

Equal Treatment

Unless otherwise provided in this Agreement, any
person described in Article 3 of this Agreement who resides in the
territory of either Contracting Party shall, in the application of the
legislation of that Contracting Party regarding the eligibility for and
the payment of benefits, receive equal treatment with nationals of that
Contracting Party. The foregoing shall also apply to the dependents and
survivors who reside in the territory of either Contracting Party with
respect to their rights derived from the persons specified in this
Article.

Article 5

Export of Benefits

1.
Benefits under the legislation of
one Contracting Party shall not be subject to any reduction,
modification, suspension, withdrawal or confiscation by reason of the
fact that the recipient resides or stays in the territory of the other
Contracting Party, and the benefits shall be payable in the territory of
the other Contracting Party.

2.
Unless otherwise provided in this
Agreement, any provision of the legislation of a Contracting Party which
restricts entitlement to or payment of, benefits solely because the
person resides outside or is absent from the territory of that
Contracting Party shall not be applicable to the persons who reside in
the territory of the other Contracting Party.

3.
Benefits under the legislation of one
Contracting Party shall be granted to nationals of the other Contracting
Party who reside outside the territories of the Contracting Parties
under the same conditions as they are granted to nationals of the first
Contracting Party who reside outside the territories of the Contracting
Parties.

PART II

PROVISIONS ON COVERAGE

Article 6

General Provisions 

1.
Except as otherwise provided in this Agreement, an employed person who works in the territory of one Contracting Party shall, with respect to that work, be subject only to the legislation of that Contracting Party.

2.
A self-employed person who ordinarily resides in the territory of a Contracting Party and works in the territory of the other Contracting Party or in the territories of both Contracting Parties shall, in respect of that work, be subject only to the legislation of the first Contracting Party.

3.
A person who is employed in the territories of both Contracting Parties or a person who is self-employed in the territory of a Contracting Party and employed in the territory of the other Contracting Party shall be subject only to the legislation of the Contracting Party in whose territory he or she ordinarily resides.
Article 7

Detached Workers

1.
Where a person in the service
of an employer having a registered office in the territory of one
Contracting Party is sent by that employer to work on that employer’s
behalf in the territory of the other Contracting Party, only the
legislation on compulsory coverage of the first Contracting Party shall
continue to apply with regard to that employment during the first sixty
calendar months, as though the employee were still employed in the
territory of the first Contracting Party. This paragraph shall also
apply to an employee who has been sent by his or her employer in the
territory of one Contracting Party to the employer’s affiliated or
subsidiary company in the territory of the other Contracting Party.

2.
In case the detachment continues beyond the
period specified in paragraph 1 of this Article, the legislation of the
first Contracting Party referred to in that paragraph shall continue to
apply for an additional period of up to thirty-six months with the
mutual consent of the Competent Authorities or the Competent
Institutions of both Contracting Parties.

Article 8

Mariners and Aircraft Crew

1.
A person who, but for this
Agreement, would be subject to the legislation of both Contracting
Parties with respect to employment as an officer or member of a crew on a
ship shall be subject only to the legislation of the Contracting Party
in the territory where the person ordinarily resides.

2.
A person who is employed as an officer or
member of a crew of an aircraft shall, in respect of that employment, be
subject to the legislation of the Contracting Party in the territory of
which the enterprise by which he or she is employed has its head
office. If, however, the enterprise has a branch or permanent presence
in the territory of the other Contracting Party, such a person employed
by that branch or permanent presence and who is not subject to Article 7
of this Agreement shall be subject to the legislation of the
Contracting Party in the territory of which the branch or permanent
presence is located.

Article 9

Members of Diplomatic Missions and Consular Posts, and Civil Servants

1.
Nothing in this Agreement shall
affect the provisions of the Vienna Convention on Diplomatic Relations
of April 18, 1961, or of the Vienna Convention on Consular Relations of
April 24, 1963.

2.
Subject to paragraph 1 of this Article, a
person employed by the central or local government service, or any other
public service of a Contracting Party, who is sent to work in the
territory of the other Contracting Party, shall be subject to the
legislation of the first Contracting Party as if he or she were employed
in its territory.

Article 10

Modification Provision

The Competent Authorities or Competent Institutions
of both Contracting Parties may agree to grant an exception to or
modification of the provisions of Articles 6 to 9 of this Agreement with
respect to particular persons or categories of person, provided that
any affected person shall be subject to the legislation of one
Contracting Party.

PART III

PROVISIONS ON BENEFITS

Article 11

Totalization of Periods of Coverage 

1.
When periods of coverage have
been completed under the legislation of both Contracting Parties, the
Competent Institution of each Contracting Party shall, in determining
eligibility for benefits under the legislation which it applies, take
into account, if necessary, period of coverage under the legislation of
the other Contracting Party, provided that such period of coverage does
not overlap with period of coverage under its own legislation.

2.
If the legislation of one Contracting Party
subordinates the granting of certain benefits to the condition that the
period of coverage is to be completed in a given occupation, only period
of coverage completed or recognized as equivalent in the same
occupation under the legislation of the other Contracting Party shall be
totalized for admission to entitlement to these benefits.

3.
If a person is not entitled to a benefit on
the basis of the periods of coverage completed under the legislation of
both Contracting Parties, totalized according to paragraphs 1 and 2 of
this Article, the right to the said benefit is to be determined by
totalizing those periods with the period of coverage completed under the
legislation of a third State with whom both Contracting Parties are
bound by social security instruments which provide for the totalization
of periods of coverage, provided that such periods of coverage does not
overlap with periods of coverage under the legislation of both
Contracting Parties.

Article 12

Calculation of Benefits

The calculation of benefits shall be determined by
the applicable legislation of the respective Contracting Party unless
otherwise provided in this Agreement.

Article 13

Special Provisions relating to Korea

1.
Where period of coverage under
the legislation of the Philippines is taken into account to establish
eligibility for benefits under the legislation of Korea in accordance
with paragraph 1 of Article 11 of this Agreement, the benefit due shall
be determined as follows:

(a)
the Competent Institution of
Korea shall first compute a pension amount equal to the amount that
would have been payable to the person if all the periods of coverage
taken into account under the legislation of the two Contracting Parties
had been completed under the legislation of Korea. To determine the
pension amount, the Competent Institution of Korea shall take into
account the person’s average standard monthly income while covered under
the legislation of Korea;
     

(b)
the Competent Institution of Korea shall
calculate the partial benefit to be paid in accordance with the
legislation of Korea based on the pension amount calculated according to
the sub-paragraph (a), in proportion to the ratio between the duration
of the period of coverage taken into consideration under its own
legislation and the total duration of the periods of coverage taken into
consideration under the legislation of the two Contracting Parties.

2.
Where the conditions required
for the entitlement to a benefit are satisfied only after the
application of paragraph 3 of Article 11 of this Agreement, the period
of coverage completed under the legislation of the third State referred
to in that paragraph shall be considered for the application of
paragraph 1 of this Article.

3.
Lump-sum refunds shall be
granted to nationals of the Philippines under the same conditions as
they are granted to Korean nationals. Notwithstanding Articles 4 and 5
of this Agreement, lump-sum refunds shall be paid to the nationals of a
third State only in accordance with the legislation of Korea.

4.
If the total duration of the
period of coverage accumulated by a person under the legislation of
Korea is less than one year and thus it does not result in the right to
benefits, the Competent Institution of Korea shall not be required to
pay a benefit to that person in respect of that period by virtue of this
Agreement.

Article 14

Special Provisions relating to the Philippines

1.
If a person is not entitled to a
benefit solely on the basis of the period of coverage completed under
the legislation of the Philippines, but is entitled to the payment of
the benefit through totalization as provided in Article 11 of this
Agreement, the Competent Institution of the Philippines shall calculate
the amount of benefit payable to that person in the following manner:

(a)
it shall first determine the
amount of the theoretical benefit which would be payable under the
legislation of the Philippines solely on the basis of the minimum period
of coverage required under that legislation;

(b)
it shall then multiply the theoretical
benefit by the fraction represented by the period of coverage completed
under the legislation of the Philippines, in relation to the total
duration of the period of coverage completed under the legislation of
the Philippines and the period of coverage completed under the
legislation of Korea which is required to satisfy the minimum
requirement for entitlement to that benefit under the legislation of the
Philippines.

2.
If the total duration of the
period of coverage accumulated by a person under the legislation of the
Philippines is less than one year and thus it does not result in the
right to benefits, the Competent Institution of the Philippines shall
not be required to pay a benefit to that person in respect of that
period by virtue of this Agreement.

PART IV

MISCELLANEOUS PROVISIONS

Article 15

Administrative Arrangement 

1.
The Competent Authorities of
the Contracting Parties shall conclude an Administrative Arrangement
that sets out the measures necessary for the implementation of this
Agreement.

2.
The liaison agencies of each Contracting Party shall be designated in the Administrative Arrangement.

Article 16

Exchange of Information and Mutual Assistance

1.
The Competent Authorities and the
Competent Institutions of the Contracting Parties shall, within the
scope of their respective competence:

(a)
communicate to each other, to the extent
permitted by the legislation which they administer, any information
necessary for the application of this Agreement;

(b)
assist each other with regard to the
determination of entitlement to, or payment of, any benefit under this
Agreement, or the legislation to which this Agreement applies; and
     

(c)
communicate to each other, as soon as
possible, information concerning the measures taken by them for the
application of this Agreement and any changes in their respective
legislation which may affect the application of this Agreement.
   
2.
The assistance referred to in
sub-paragraph 1 (b) of this Article shall be provided free of charge,
subject to any exceptions to be agreed upon in the Administrative
Arrangement concluded pursuant to paragraph 1 of Article 15 of this
Agreement.

Article 17

Confidentiality of Information

Unless otherwise required by the national laws and
regulations of a Contracting Party, information about an individual
which is transmitted in accordance with this Agreement to the Competent
Authority or the Competent Institution of that Contracting Party by the
Competent Authority or Competent Institution of the other Contracting
Party shall be used exclusively for the purposes of implementing this
Agreement and the legislation to which this Agreement applies. Such
information received by a Competent Authority or a Competent Institution
of a Contracting Party shall be governed by the national laws and
regulations of that Contracting Party for the protection of privacy and
confidentiality of personal data.

Article 18

Exemption from Fees and Certification of Documents

1.
Where the legislation of a
Contracting Party provides that any document which is submitted to the
Competent Authority or the Competent Institution of that Contracting
Party shall be exempted, wholly or partly, from fees or charges,
including consular and administrative fees, the exemption shall also
apply to corresponding documents which are submitted to the Competent
Authority or the Competent Institution of the other Contracting Party in
the application of this Agreement or of the legislation of the other
Contracting Party.
   
2.
Documents and certificates which are
presented by the Competent Authority or the Competent Institution of
either Contracting Party for the application of this Agreement or of the
legislation of the other Contracting Party shall be exempted from
requirements for authentication by diplomatic or consular authorities or
any other similar formalities.

3.
Copies of documents which are certified as
true and exact copies by the Competent Authority or the Competent
Institution of one Contracting party shall be accepted as true and exact
copies by the Competent Authority or the Competent Institution of the
other Contracting Party, without further certification.

Article 19

Language of Communication

1.
The Competent Authorities and
the Competent Institutions of the Contracting Parties may correspond
directly with one another as well as with any person, wherever that
person may reside, whenever it is necessary to do so for the application
of this Agreement or of the legislation to which this Agreement
applies. The correspondence may be in any official language of either
Contracting Party or in the English language.

2.
An application or document may not be
rejected by the Competent Authority or Competent Institution of a
Contracting Party solely because it is in the official language of the
other Contracting Party.

Article 20

Submission of Claims, Notices or Appeals

1.
Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Contracting Party which should, for the purposes of that legislation, have been filed within a prescribed period with the Competent Authority or the Competent Institution of that Contracting Party, but which is instead filed within the same period to the Competent Authority or the Competent Institution of the other Contracting Party, shall be considered to have been filed on time with the Competent Authority or the Competent Institution of the first Contracting Party.

2.
If, after the entry into force of this Agreement, a person files a written application for benefits with the Competent Institution of a Contracting Party under the legislation of that Contracting Party, the application shall also protect the rights of that person to corresponding benefits under the legislation of the other Contracting Party, provided that the person at the time of the application:

(a)
is entitled on the grounds of age to lodge a valid claim for a benefit under the legislation of the other Contracting Party; and

(b)
requests that it be considered as an application under the legislation of the other Contracting Party; or

(c)
provides information indicating that period of coverage has been completed under the legislation of the other Contracting Party.

However, the foregoing shall not apply if the applicant explicitly requests that the application be restricted to benefits under the legislation of the first Contracting Party.

3.
In any case to which paragraph 1 or 2 of this Article applies, the Competent Authority or Competent Institution to which the claim, notice or appeal has been submitted shall indicate the date of receipt of the document and forward it without delay to the Competent Authority or the Competent Institution of the other Contracting Party.

Article 21

Payment of Benefits

1.
The Competent Institution of a
Contracting Party may pay benefits in accordance with this Agreement in
the currency of that Contracting Party.

2.
In the event that a Contracting Party
imposes currency controls or other similar measures that restrict
payments, remittances or transfers of funds or financial instruments to
persons who are outside the territory of that Contracting Party, it
shall, without delay, take appropriate measures to ensure the payment of
any amount that must be paid in accordance with this Agreement to the
persons described in Article 3 of this Agreement.

Article 22

Resolution of Disagreements

1.
Any disagreement regarding the
interpretation of this Agreement shall be resolved by consultation
between the Contracting Parties.

2.
Any disagreement regarding the application
of this Agreement shall be resolved by consultation between the
Competent Authorities of the Contracting Parties.

PART V

TRANSITIONAL AND FINAL PROVISIONS

Article 23

Transitional Provisions 

1.
Any period of coverage
completed before the date of the entry into force of this Agreement, and
any other relevant events that occurred before that date, shall be
taken into consideration in determining the right to a benefit under
this Agreement. However, neither Competent Institution of a Contracting
Party shall be required to take into account period of coverage which
occurred prior to the earliest date for which period of coverage may be
credited under its legislation.

2.
This Agreement shall not establish any
right to receive payment of a benefit for any period before the date of
the entry into force of this Agreement.

3.
Determinations concerning entitlement to
benefits which were made before the entry into force of this Agreement
shall not affect rights arising under it.

4.
Benefits determined before the entry into
force of this Agreement may be newly determined upon application if a
change in such benefits results solely from the provisions of this
Agreement. The application of this Agreement shall not result in any
reduction in the amount of benefits to which entitlement was established
prior to its entry into force.

5.
In applying Article 7 of this Agreement in
the case of persons who were sent to the territory of a Contracting
Party prior to the date of the entry into force of this Agreement, the
periods of employment referred to in that Article shall be considered to
begin on the date of the entry into force of this Agreement.

6.
The provisions of Part III of this
Agreement shall apply only to benefits for which an application is filed
on or after the date this Agreement enters into force.

Article 24

Entry into Force

This Agreement shall enter into force on the first
day of the third month following the month in which each Contracting
Party has received from the other Contracting Party written notification
that it has complied with all requirements for the entry into force of
this Agreement.

Article 25

Period of Duration and Termination

1.
This Agreement shall remain in
force and effect until the last day of the twelfth month following the
month in which written notice of its termination is given by either
Contracting Party to the other Contracting Party.

2.
If this Agreement is terminated, rights
regarding entitlement to or payment of benefits acquired under it shall
be retained. The Contracting Parties shall make arrangements to deal
with rights in the process of acquisition.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

DONE in duplicate at Busan, on this 25th day of
November 2019, in the Korean and English languages, each text being
equally authentic.

 

FOR THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES

 FOR THE GOVERNMENT OF THE
REPUBLIC OF KOREA
   
(Sgd.) (Sgd.)


Entry into Force: April 1, 2024

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