A semiconductor device includes a semiconductor substrate, a gate
insulating layer, a gate electrode structure and a side wall structure.
The gate insulating layer is formed on the semiconductor substrate. The
gate electrode structure is formed on the gate insulating layer, and
includes a lower gate electrode layer and a cap gate layer. The side wall
structure includes a nitride side wall spacer, and an oxide layer formed
between the semiconductor substrate and the nitride side wall spacer and
between the lower gate electrode layer and the nitride side wall spacer.
A thickness of the oxide layer is greater than a thickness of the gate
insulating layer, so as to prevent diffusion of nitrogen from the nitride
side wall spacer to the semiconductor substrate. A height of the gate
electrode structure is substantially equal to a height of the side wall
structure after completion of the semiconductor device.