Disclosed are a light emitting device and a light emitting device package having the same. The light emitting device includes a light emitting structure including a first conductive type semiconductor layer, a second conductive type semiconductor layer, and an active layer between the first conductive type semiconductor layer and the second conductive type semiconductor layer, wherein the first conductive type semiconductor layer includes a stepped structure having a second top surface stepped lower than the first top surface thereof; an insulating layer disposed on a lateral surface of the light emitting structure and the second top surface of the first conductive type semiconductor layer; an electrode electrically connected with the first conductive type semiconductor layer; an electrode layer under the second conductive type semiconductor layer; and a protective layer disposed on a periphery portion of a lower surface of the second conductive type semiconductor layer.