A light emitting device including a light emitting structure having a first conductive semiconductor layer, an active layer and a second conductive semiconductor layer; a first electrode on the light emitting structure; and a photon escape layer on the light emitting structure. Further, the photon escape layer has a refractive index that is between a refractive index of the light emitting structure and a refractive index of an encapsulating material with respect to the light emitting structure such that an escape probability for photons emitted by the light emitting structure is increased.