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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Nishikawa v. Dulles ： ウィキペディア英語版 Nishikawa v. Dulles ''Nishikawa v. Dulles'', 356 U.S. 129 (1958), is a United States Supreme Court case in which the Court ruled that a dual U.S./Japanese citizen who had served in the Japanese military during World War II could not be held to have lost his U.S. citizenship unless the United States could prove that he had acted voluntarily. Mitsugi Nishikawa, born in California to Japanese parents, went to Japan to study, and he was conscripted into the Japanese military in early 1941. After the end of the war, Nishikawa was informed by U.S. officials that he had lost his citizenship because he had served in a foreign army. His case was eventually reviewed by the Supreme Court, which decided that the burden of proof must be on the government to prove convincingly that Nishikawa's Japanese military service was undertaken voluntarily before he could be stripped of his citizenship. == Background == Mitsugi Nishikawa was born in Artesia, California, in 1916, making him a US citizen by birth. Because his parents were Japanese citizens, he also had Japanese citizenship. He resided in the United States until August 1939 (before the outbreak of World War II), when he went to Japan to study. On March 1, 1941, he was conscripted into the Japanese Army, nine months before the attack on Pearl Harbor, and served as a mechanic. Japanese law provided a maximum sentence of three years for evading conscription. After the War he applied to the US consulate in Japan for a US passport. Instead he was deprived of his US citizenship under section 401(c) of the Nationality Act 1940, which reads: He petitioned a US district court for a declaration that he was still an American citizen because he had not enlisted voluntarily. He testified that in addition to the legal penalties for draft evasion, he was afraid of the violent reputation of the Japanese secret police, and had been told that the US consulate would not have assisted him if he had sought help to avoid conscription. After Pearl Harbor, when he said to other Japanese soldiers that Japan could not win the war, he was regularly beaten every day for a month. The Government called no evidence of its own. Nevertheless the district judge disbelieved him and confirmed his loss of citizenship. This decision was upheld by the Court of Appeals for the Ninth Circuit. Nishikawa appealed to the Supreme Court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Nishikawa v. Dulles」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.