structure is deposited and patterned referring to fig6 j a photoresist layer 69 such as az4620 is coated on the structure and patterned by a conventional photolithography method thus an upper photoresist pattern of comb structure 69 u2032 and metal layer 69 are formed as shown in fig6 j when the first substrate 61 is etched by the icprie process a separation region 73 between the frame 80 and the scanning mirror 66 u2033 is penetrated furthermore the torsion bars 61 u2032 extended from the second substrate 63 are formed so that the structure as shown in fig6 k is completed since an anodic bonding structure and a fabricating method thereof according to the present invention anodic bonds a glass substrate with a dielectric or a dielectric with a metal layer micro electromechanical systems mems structures such as condensers cantilevers sensors and inductors of novel type can be manufactured and eventually applied to a packaging process in a method of manufacturing an upper structure of an optical scanner by using an anodic bonding structure and a fabricating method thereof an optical scanner is stably manufactured and driven as a result the overall performance of the optical scanner can be improved it is noted that the present invention is not limited to the preferred embodiments described above and it is.