The present invention relates to a light emitting diode with high electrostatic discharge and a fabrication method thereof, and more specifically to a light emitting diode comprising a first electrode layer provided over a upper surface of a first semiconductor layer and a upper surface of a second semiconductor layer; a transparent electrode layer formed on the upper surface of the second semiconductor layer, spaced from the first electrode layer; and a second electrode layer provided on a upper surface of the transparent electrode layer. With the present invention, there is provided a light emitting diode element with resistance against electrostatic discharge and with high reliability being strong against electrical impact, by selecting a structure arranging a form of an electrode differently from a conventional electrode.