yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제17341호                               관              보                 2010. 9.13.(월요일)
       (i)       to the National Pension Act and its regulations,
       (ii)      with regard to Part II only, to the Employment Insurance Act, the National
             Health Insurance Act, the Industrial Accident Compensation Insurance Act, the Act on
             the Collection of Premiums for Employment Insurance and for Industrial Accident
             Compensation Insurance and their regulations;
    (b) in relation to Austria,
         (i) to the legislation concerning pension insurance, with the exception of the
             insurance for notaries,
         (ii) with regard to Part II only, to the legislation concerning sickness insurance and
             accident insurance.
2. Except as otherwise provided in paragraphs 3 and 4 of this Article, this Agreement shall
also apply to any legislation which supersedes, replaces, amends, supplements or consolidates the
legislation specified in paragraph 1 of this Article.
3. Notwithstanding paragraph 2 of this Article, this Agreement shall not apply to the laws or
regulations which extend existing legislation of one Contracting State to new categories of
beneficiaries, if the competent authority of that Contracting State notifies the competent authority
of the other Contracting State, within six months from the date of the publication of such laws
or regulations, that no such extension to the Agreement is intended.
4. Unless otherwise provided in this Agreement, the legislation within the meaning of paragraph
1 of this Article shall not include treaties or other international agreements concluded between
one Contracting State and a third state, except insofar as they contain provisions relating to the
apportionment of insurance burdens.
                                               Article 3
                                            Personal scope
    This Agreement shall apply to:
    (a) persons who are or have been subject to the legislation of one or both of the Contracting
         States
    (b) other persons with respect to the rights they derive from the persons described in
         subparagraph (a) of this Article.
                                               Article 4
                                           Equal treatment
1. Unless otherwise provided in this Agreement, the following persons shall, in the application
of the legislation of one Contracting State, receive equal treatment with the nationals of this
Contracting State:
    (a) nationals of the other Contracting State;
    (b) refugees as defined in Article 1 of the Convention relating to the Status of Refugees
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제17341호                               관             보                 2010. 9.13.(월요일)
        dated July 28, 1951 and the Protocol to that Convention dated January 31, 1967, resident
        in the territory of one Contracting State;
    (c) stateless persons as defined in Article 1 of the Convention relating to the Status of
        Stateless Persons dated September 28, 1954, resident in the territory of one Contracting
        State.
    The foregoing shall apply to dependants and survivors who reside in the territory of either
Contracting State with respect to their rights derived from the persons specified in this
paragraph.
2. Benefits under the legislation of one Contracting State shall be awarded to nationals of the
other Contracting State, who reside outside the territories of both Contracting States, under the
same conditions and to the same extent as they are awarded to the nationals of the first
Contracting State who reside outside the territories of the Contracting States.
3. Paragraph 1 of this Article shall not apply to the provisions of Austrian legislation
concerning:
    (a) the participation of insured persons and employers in the administration of institutions
        and associations as well as adjudication in the field of social security;
    (b) the apportionment of insurance burdens resulting from agreements with third States;
    (c) the insurance of persons employed at a diplomatic mission or consular post of Austria in
        a third State or by a member of such a mission or post.
4. As regards Austrian legislation concerning the crediting of periods of war service and
periods considered as equivalent, Korean nationals who were Austrian nationals immediately
before March 13, 1938 shall receive equal treatment with Austrian nationals.
                                              Article 5
                                      Equal status of territories
1. Unless otherwise provided in this Agreement, any provision of the legislation of one
Contracting State which requires that entitlement to, or the payment of, benefits is dependent on
residence in the territory of that Contracting State shall not be applicable to persons who stay
or reside in the territory of the other Contracting State.
2. As regards Austrian legislation, paragraph 1 of this Article shall not apply to the
compensatory supplement.
                                               Part II
                         Provisions which determine the legislation applicable
                                              Article 6
                                          General provisions
1. Subject to the provisions of Articles 7 to 9, an employed or self-employed person who works
in the territory of one Contracting State shall, in respect of that work, be subject only to the
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제17341호                               관              보                 2010. 9.13.(월요일)
legislation of that Contracting State. In the case of an employed person, this shall also apply if
the employer's place of business is in the territory of the other Contracting State.
2. A person who would otherwise be compulsorily covered under the legislation of both
Contracting States with respect to self-employment and who is a resident of one Contracting
State shall be subject to the legislation of only the Contracting State of which he/she is a
resident.
                                              Article 7
                                         Special provisions
1. An employed person who is subject to the legislation of one Contracting State and who is
sent to perform services, including those in the employer's affiliated or subsidiary company, for
the same employer in the territory of the other Contracting State shall, in respect of those
services, remain subject only to the legislation of the former Contracting State for the first sixty
calendar months as though those services were performed in its territory.
2. When an employed person is sent to perform services in the territory of a Contracting State
for an airtransport organization, which has its place of business in the territory of the other
Contracting State, paragraph 1 of this Article shall be applied without reference to the
sixty-month time limit.
3. Nothing in this Agreement shall affect the domestic legislation of either Contracting State on
compulsory coverage of persons who work on board a sea-going vessel.
                                               Article 8
      Compulsory coverage of persons employed by the government or other public employer
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. A person employed by the government or other public employer of a Contracting State and
sent to perform services in the territory of the other Contracting State shall, in respect of those
services remain subject to the legislation of the former Contracting State.
                                               Article 9
                        Exceptions from the provisions on applicable legislation
1. At the request of an employed person and his/her employer, or of a self-employed person,
the competent authorities of both Contracting States or the institutions designated by them may
provide, by agreement with one another, exceptions in the application of Articles 6 to 8, taking
into account the nature and circumstances of the work.
2. Where, in accordance with paragraph 1 of this Article, a person is subject to Austrian
legislation, that legislation shall apply to him/her as if he/she were employed in the territory of
Austria.
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제17341호                               관              보                 2010. 9.13.(월요일)
                                                 Part III
                                     Provisions concerning benefits
                                                Article 10
                                   Totalization of periods of coverage
1. If a person has completed periods of coverage under the legislation of both Contracting
States, these periods, insofar as they do not overlap, if necessary, shall be added together for the
purpose of acquiring entitlement to a benefit, as if they were periods of coverage in the relevant
Contracting State.
2. If the total duration of the periods of coverage accumulated by a person under the legislation
of a Contracting State is less than 12 months, the institution of that Contracting State shall not
be required to apply Part III of this Agreement.
                                                Article 11
                                   Calculation of autonomous benefits
    Where entitlement to a benefit exists under the legislation of one Contracting State without
the application of paragraph 1 of Article 10, the competent institution of that Contracting State
shall determine the amount of the benefit in accordance with its legislation on the basis of
periods of coverage completed exclusively under that legislation.
                                                Section 1
                                 Benefits under the legislation of Korea
                                                Article 12
                                  Special provisions relating to Korea
1. To obtain a disability or survivors benefit, the requirement of the legislation of Korea that a
person be covered when the insured event occurs shall be considered to have been met if the
person is insured for a benefit under the legislation of Austria during a period in which the
insured event occurs according to the legislation of Korea.
2. In applying Article 10, a period of coverage recognized under the Austrian legislation as a
period completed by underground or equivalent work in a mining enterprise shall be taken into
account as a period of equivalent work under Korean legislation.
                                                Article 13
                                   Calculation of the Korean benefits
    Where periods of coverage under the legislation of Austria are taken into account to
establish eligibility for benefits under the legislation of Korea in accordance with Article 10 and
paragraph 1 of Article 12, 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 both Contracting States had been completed under
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제17341호                               관              보                 2010. 9.13.(월요일)
         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 preceding subparagraph, in proportion to the ratio between the duration
         of the periods 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 both
         Contracting States.
                                                Section 2
                               Benefits under the legislation of Austria
                                               Article 14
                                 Special provisions relating to Austria
    When a person who has completed periods of coverage under the legislation of both
Contracting States, or the survivor of such a person, claims a benefit, the competent Austrian
institution shall determine, in accordance with Austrian legislation, whether the claimant is
entitled to a benefit by adding together the periods of coverage, as provided in Article 10, and
taking into account the following provisions:
    (a) Where Austrian legislation makes the award of certain benefits conditional upon the
         completion of periods of coverage in an occupation covered by special schemes or in a
         specified occupation or employment, only periods of coverage completed under a
         corresponding scheme or, failing that, in the same occupation or, where appropriate, in
         the same employment, under the legislation of Korea shall be taken into account for the
         award of such benefits;
    (b) Where Austrian legislation provides that the period of payment of a pension shall prolong
         the reference period during which periods of coverage must be completed, periods during
         which a pension has been awarded under the legislation of Korea shall also prolong the
         aforesaid reference period.
                                               Article 15
                                  Calculation of the Austrian benefits
    Where entitlement to a benefit exists under Austrian legislation only with the application of
Article 10, the competent Austrian institution shall determine the amount of the benefit in
accordance with Austrian legislation on the basis of periods of coverage completed exclusively
under that legislation and taking into account the following provisions:
    (a) Benefits or parts of benefits, the amount of which does not depend on the duration of
         periods of coverage completed, shall be calculated in proportion to the ratio between the
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제17341호                               관              보                 2010. 9.13.(월요일)
        duration of the periods of coverage to be taken into account for the calculation under
        Austrian legislation and the period of 30 years, but shall not exceed the full amount;
    (b) Where periods after the contingency arises are to be taken into account for the
        calculation of invalidity or survivors' benefits, such periods shall be taken into account
        only in proportion to the ratio between the duration of the periods of coverage to be
        taken into account for the calculation under Austrian legislation and two-thirds of the
        number of full calendar months between the date on which the person concerned reached
        the age of 16 and the date on which the contingency occurred, but shall not exceed the
        full period.
    (c) Sub-paragraph (a) of this paragraph shall not apply to:
        (i) benefits resulting from supplementary insurance,
        (ii) means-tested benefits designed to ensure a minimum income.
                                               Part IV
                                      Miscellaneous Provisions
                                              Article 16
            Cooperation between the competent authorities and administrative assistance
1. The competent authorities of the Contracting States shall conclude an Administrative
Arrangement that sets out the measures necessary for the implementation of this Agreement.
2. The competent authorities and institutions of the Contracting States shall, within the scope of
their respective authorities:
    (a) inform each other of all measures taken for the application of this Agreement; and
    (b) inform each other of all changes in legislation which affect the application of this
        Agreement.
3. The authorities and institutions of the two Contracting States shall assist each other in
applying this Agreement as if they were applying their own legislation. With the exception of
cash expenditures relating thereto, such assistance shall be provided free of charge.
4. The authorities and institutions of the Contracting States may contact each other or involved
persons or their representatives directly.
5. The authorities and institutions of one Contracting State may not reject claims or other
documents submitted to them by reason only of the fact that they are written in an official
language of the other Contracting State.
6. If the competent institution of one Contracting State requires an applicant or beneficiary who
stays or resides in the territory of the other Contracting State to undergo a medical examination,
such examination shall, at the request of that institution and at its expense, be arranged or
carried out by the institution of the latter Contracting State. In case of medical examinations
carried out under the legislation of both Contracting States, such examinations shall be arranged
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제17341호                                관             보                  2010. 9.13.(월요일)
or carried out by the institution of the place of stay or residence at its expense.
                                               Article 17
                                            Liaison agencies
    The competent authorities of the Contracting States shall, in order to facilitate the application
of this Agreement, particularly for the creation of a simple and fast liaison between the
institutions concerned, establish liaison agencies.
                                               Article 18
                              Exemptions from charges and authentication
1. Any exemption or reduction provided for in the legislation of one Contracting State for taxes,
stamp duty, legal dues or registration fees for certificates or documents which have to be
submitted for the application of this legislation shall be extended also to the respective
certificates or documents which must be submitted for the application of this Agreement or the
legislation of the other Contracting State.
2. Documents and certificates of any kind which must be submitted for the application of this
Agreement shall not require authentication by diplomatic or consular authorities.
3. Copies of documents which are certified as true and exact copies by an institution of one
Contracting State shall be accepted as true and exact copies by an institution of the other
Contracting State, without further certification.
                                               Article 19
                            Equal status of applications, notices or appeals
1. Any claim, notice or appeal which, for the application of this Agreement or of the legislation
of a Contracting State, has been submitted to a competent authority, institution or other
competent body of one Contracting State shall be considered as a claim, notice or appeal
submitted to a competent authority, institution or other competent body of the other Contracting
State.
2. Any claim for a benefit under the legislation of one Contracting State shall be considered to
be a claim for the corresponding benefit under the legislation of the other Contracting State,
provided that the claimant at the time of application:
    (a) is entitled on age grounds to lodge a valid claim for a benefit of the other Contracting
         State; and
    (b) provides information indicating that periods of coverage have been completed under the
         legislation of the other Contracting State.
    This shall not apply, however, when the claimant expressly requests that the determination
of an old age benefit under the legislation of the other Contracting State be deferred.
3. Any claim, notice or appeal which, under the legislation of one Contracting State, must be
submitted within a specified time to a competent authority, institution or other competent body of
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제17341호                               관              보                 2010. 9.13.(월요일)
that Contracting State may be submitted within the same time to the corresponding body of the
other Contracting State.
4. In the cases to which paragraphs 1 to 3 of this Article apply, the body to which the
submission has been made shall forward the claim, notice or appeal without delay to the
corresponding competent body of the other Contracting State, indicating the date of receipt of the
document.
                                                Article 20
                                                Payments
1. The benefit-paying institution of a Contracting State may discharge its obligations under this
Agreement towards a beneficiary who stays or resides in the other Contracting State in the
national currency of the benefit-paying institution.
2. Reimbursements according to this Agreement shall be made in the currency of that
Contracting State in which the institution which has carried out the service is seated.
3. Payments according to this Agreement shall be carried out in accordance with the
arrangements or practice which are in force in this field in both of the Contracting States at the
time of payment.
                                                Article 21
                                             Data protection
1. Insofar as personal data are communicated pursuant to this Agreement, and in conformity
with domestic law, the following provisions shall apply, taking into consideration other binding
provisions of the respective Contracting States:
    (a) For the implementation of this Agreement and the legislation referring thereto, personal
        data may be communicated to the responsible bodies of the receiving State. The
        respective receiving bodies shall not use these data for other purposes. Onward
        transmission of personal data within the territory of the receiving State to other bodies is
        admissible in conformity with the domestic law of the receiving State insofar as it serves
        social security purposes, including related court procedures. Even in the case of disclosure
        of information in public court proceedings or in judicial decisions, confidentiality of
        personal data shall only be subject to those restrictions which are necessary to safeguard
        overriding substantial public interests;
    (b) Any personal data communicated in whatsoever form between the responsible authorities,
        institutions and other bodies concerned pursuant to this Agreement or to any
        arrangement implementing this Agreement are treated as secret in the same manner as
        like information obtained under the domestic law of the receiving State. These obligations
        shall apply to all persons fulfilling tasks under this Agreement and also to persons bound
        themselves by the obligation of secrecy;
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