To provide a shield case and an MEMS microphone having the shield case which can secure on a top plate the minimum distance for adhering with a gasket in a view point of airtightness.The shield case according to the invention is a shield case for shielding an MEMS chip mounted on a board from the outside, which includes a top plate and a plurality of side plates and the thickness of each of the plurality of side plates is larger than that of the top plate. According to this configuration, the area of the top plate can be made larger as compared with a conventional shield case having a uniform thickness. Thus, the area for adhering the gasket to the top plate can be secured without changing the position, size and range etc. of the chucking area from those of the conventional shield case.