1.(a)

Article 36 (1) of the current Industrial Accident Compensation Insurance Act explicitly excludes the types of insurance benefits under subparagraph 1 through 8 (main sentence). However, the types of insurance benefits for pneumoconiosis include disability benefits under subparagraph 3 even in cases of insurance benefits for pneumoconiosis under Article 36 (1) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter the same referred to as the "former Industrial Accident Compensation Insurance Act") prior to the enactment of the said proviso, even in cases of insurance benefits for pneumoconiosis under Article 36 (1) of the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, Nov. 21, 2010);

Article 57 of the former Industrial Accident Compensation Insurance Act provides that disability benefits shall be paid to a worker when he/she is cured of an injury or disease due to any reason arising from his/her duties, and disability benefits shall be disability compensation annuities or lump-sum disability compensation benefits prescribed in attached Table 2 according to the disability grade (paragraph 2), and the criteria for disability grade shall be prescribed by Presidential Decree (Article 53 [Attachment Table 6] of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 22492, Nov. 15, 2010; hereinafter referred to as the “former Enforcement Decree of the Industrial Accident Compensation Insurance Act”) shall be determined based on the disability grade under Article 57(2) of the Act, and Article 35(2) [Attachment Table 4] of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act shall be considered when paying insurance benefits to a worker suffering from pneumoconiosis.

B. According to Article 36(2) of the former Industrial Accident Compensation Insurance Act and Article 21(1)2 and (2) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act, the Corporation shall pay lump-sum disability compensation benefits or disability compensation benefits