A defect inspecting method and apparatus for inspecting a surface state including a defect on a wafer surface, in which a polarization state of a laser beam irradiated onto the wafer surface is connected into a specified polarization state, the converted laser beam having the specified polarization state is inserted onto the wafer surface, and a scattering light occurring from an irradiated region where the laser beam having the specified polarization state is irradiated, is separated into a first scattering light occurring due to a defect on the wafer and a second scattering light occurring due to a surface roughness on the wafer. An optical element for optical path division separates the first and second scattering lights approximately at the same time.